A history of Common Law

A history of Common Law Common Law In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair.   Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly.   Equity is an essence of principles, doctrines, and rules advanced initially by the Court of Chancery in positive competition with the rules, doctrines and principles of the Common Law Courts.  The obliteration of the old Court of Chancery and the Common Law Courts, has led to the proposition that the distinction between law and equity is now outdated; that the two approaches are now ‘fused.’   On the contrary, the better analysis, is that the common law and equity remain distinct but mutually dependent features of law: ‘they are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it is to assert that there is no difference between them.’ For a long time, the two structures of common law and equity ran uncomfortably side by side.   Until 1615 it was by no means established which one was to prevail in the event of a dispute.   Yet, even after that year the inconsistency between the two systems continued for a very long time.   After the restructuring of the English court system in 1865, it was decided that in the event of a conflict between the common law and equitable principles, equity must prevail.   The Judicature Acts 1873-1975 created one system of courts by amalgamating the common law courts and the courts of equity to form the Supreme Court of Judicature which would administer common law and equity.   Accordingly the court ‘is now not a Court of Law or a Court of Equity, it is a Court of Complete Jurisdiction.’ The area of law recognized as Equity developed in England and Wales in the Middle Ages in situations where the ordinary common law had failed to afford suitable redress.   Many legal actions, for example, originated by the issue of a writ but the slightest inaccuracy on the writ would invalidate the entire action.   Another inadequacy in the ordinary common law involved the fact that the only remedy was damages; that is, compensation, therefore, the court orders did not exist to require people to do something or to desist from some conduct, for example, sell as piece of land according to an agreement made or stop using a particular title.   Dissatisfied litigants frequently preferred to petition the King for him to mediate in a specific case, the courts were, in any case, the King’s courts.   These petitions’ for justice were dealt with by the King’s Chancellor who determined each case according to his own discretion.   Over the years, the decisions mad e by Lord Chancellor became known as the rules of equity, derived from the Latin meaning levelling.   These new-found rules came to be applied in a special court, the Chancellor’s Court, which became identified as the Court of Chancery.   Equity began to appear as an apparent set of principles, rather than a personal jurisdiction of the Chancellor, during the Chancellorship of Lord Nottingham in 1673.   By the end of Lord Eldon’s Chancellorship in 1827 equity was recognized as a precise jurisdiction. Nevertheless the development of a parallel but distinct system of dispute resolution was certainly bound to generate a conflict.   An individual wronged by a failure of the common law to remedy a gross injustice would apply to the court of equity.   The Chancellor, if the case accepted it, would approve of a remedy preventing the common law court from imposing its order.   The catharsis transpired in the Earl ofOxford’s Case, where the court of common law ordered the payment of a debt.   The debt had previously been paid, but the deed giving affect to the requirement had not been cancelled.   The court of equity was prepared to grant an order preventing this and resolving the deed.   The collision was in due course resolved in favour of equity; where there is an inconsistency, equity prevails.   This rule is now preserved in the Supreme Court Act 1981, s 49. The history of equity is regarded by its constant ebb and flow between compatibility and competition with the common law.   More recent developments in equity include, for example, the recognition of restrictive covenants, the expansion of remedies, the development of doctrines such as proprietary estoppel, the enhanced status of contractual licences, and the new model constructive trust.   There is an effort, then again, to validate these new developments, which are all illustrations of judicial inspiration, by precedent.   As Bagnall J said in Cowcher vCowcher: ‘this does not mean that equity is past childbearing; simply that its progeny must be legitimate- by precedent out of principle.   It is well that this should be so; otherwise no lawyer could safely advise on his client’s title and every quarrel would lead to a law-suit.’ In all probability the single most significant feature of equity is the trust.   If title to any property is vested in a person as trustee for another, equity not only restrains the trustee from denying his trust and setting himself up as absolute owner, but impresses on the trustee positive duties of good faith towards the other person.   Although one of the original development of equity, the protection granted to equitable owners behind a trust has developed considerably over the last 50 years. Remedies represent some interesting illustrations of the difference between law and equity; a difference which arose as; ‘an accident of history,’ according to Lord Nicholls in A-G v Blake. Ordinarily legal rights and remedies remain separate from equitable ones.   Some similarities do, nevertheless, occur.   For illustration, an injunction, an equitable remedy, can be sought for an anticipatory breach of contract, or to stop a nuisance, both common law claims.   In A-G v Blake, the House of Lords authorized the equitable remedy of account of profits for an assertion for violation of contract where the common law remedy of damages would have been insufficient. The equitable remedy of account of profits is usually accessible where there is a fiduciary relationship but the House of Lords endorsed its request otherwise in exceptional cases where it was the operative way to remedy a wrong.   By distinction, in Seager v Copydex, proceedings were brought for breach of confidence in regard for confidential information exposed by the defendants about a carpet grip.   Such a claim is equitable and normally the equitable remedies of injunction and account are obtainable.   On the other hand, an injunction would have been unsuccessful and he judges awarded damages.   It would appear, consequently that a common law remedy is available for an equitable claim for breach of confidence. The new model constructive trust resulted in the main due to the resourceful activity of Lord Denning MR.   In Hussey v Palmer, Lord Denning explained the constructive trust as one ‘imposed by the law wherever justice and good conscience require it.’   Cases such as Eves v Eves, where the woman was awarded an equitable interest in the property signifying her involvement in terms of heavy work, and Cooke v Head, a comparable case, regard this progress further.   On the other hand, it might be that this progression has come to a standstill since the retirement of Lord Denning.   A number of modern cases, including Lloyds Bank v Rosset, have re-established former ideology in this sphere relating to the survival of a common intention that an equitable interest should occur, and the existence of a direct financial contribution.   These ethics are more analogous to those relating to the formation of a resulting trust.The new model constructive trust has been for the most part thriving in the field of licences.   At common law, a contractual licence was controlled by the doctrine of privity of contract, and failed to present protection against a third party.   Equitable remedies have been made accessible to avoid a licensor violating a contractual licence and to permit a licence to bind third parties. It has been acknowledged that certain licences may produce an equitable proprietary interest by means of a constructive trust or proprietary estoppel.   In Binions v Evans, it was decided by Lord Denning that purchasers were compelled by a contractual licence between the former owners and Mrs Evans, an occupant. A constructive trust was imposed in her preference as the purchasers had bought specifically subject to Mrs Evans’ interest and had, for those grounds, paid a reduced price.   Also in RE Sharpe, a constructive trust was imposed on a trustee in bankruptcy regarding an interest obtained by an aunt who lent money to her nephew for a house purchase on the arrangement that she could live there for the rest of her life.The volatility of these progressing fields is once more shown in recent case law which seems to hold back from an advancement which may have pushed the boundaries too far.   Obiter dicta from the Court of Appeal in Ashburn Anstalt v W JArnold Co, accept ed in Habermann v Koehler, propose that a licence will only give effect to a constructive trust where the conscience of a third party is influenced:   it will be imposed where their behaviour so deserves.   Judicial resourcefulness in equitable disciplines is therefore made subject to refinements by judges in later cases. Proprietary estoppel is an additional illustration of an equitable doctrine which has seen momentous progression in the interest in justice ever since its formation in the leading case of Dillwyn v Llewelyn.   The dogma is established on encouragement and acquiescence whereby equity was equipped to arbitrate and adjust the rights of the parties.   Its relevance has been further improved by the Court of Appeal in Gillet vHolt, where a wider line of attack to the doctrine was taken that depended, eventually, on the unconscionability of the act.   Once more, it is an advancement which is outside of the organization of property rights and their registration recognized by Parliament. Cases such as Jennings v Rice show that the principle of proprietary estoppel and the protection of licences by estoppel continue to be a successful means used by the judges for the protection of licences and equitable rights.   The extent to which the right welcomes protection is adaptable owing to the conditions of the particular case.   For example, in Matharu v Matharu, the licence did not bestow a beneficial interest but presented to the respondent a right to live in the house for the rest of her life. A different prevailing progression in equity has resulted from the decision of the House of Lords in Barclays Bank plc v O’Brien.   The case has proclaimed the re-emergence in a broad sense of the equitable doctrine of notice.   They present that, where there is undue influence over a co-mortgagor or surety, this may provide augmentation to a right to prevent the transaction.   This right to avoid the transaction amounts to an equity of which the mortgagee may be considered to have constructive notice.   This revivification of the equitable doctrine of notice in a contemporary situation reveals evidently the flexibility of equity.   A number of cases pursued this pronouncement.   In Royal Bank of Scotland v Etridge, the House of Lords laid down common procedures for the application of the doctrine of notice in this situation. In summary equity fulfils the common law, although it does not endeavour to displace it with a moral code.   There have been setbacks and refinements, over the last 50 years, in the progress of new doctrines relating to the trust, above all when later judges seek to rationalise and consolidate new ideology.   Nonetheless it is apparent that equity remains its traditions, and prevails over the common law in the event of conflict.

Main place of work Essay

Three key points of legislation that affect employers in a business are: 1. Health and safety at Work Act 2. National Minimum Wage Act 1998 3. Pension 2b) List three key points of legislation that affect employees in a business environment. Three key points of legislation that affect employees are: 1. Data Protection Act 1998 2. The Equality Act 2010 3. The Working Time Regulations 3. Identify a range of places where a person can find information on employment rights and responsibilities. You should identify at least two internal and two external sources of information. Internal sources of information: 1. Terms of employment contract 2. Organisation policies and procedures 3. Informed college 4. Line managers 5. Trade union representatives External sources of information: 1. Citizen Advice Bureau 2. ACAS (Conciliation and Arbitration Service) 3. Government agencies 4. Libraries 5. Legal professionals 4. Describe how representative bodies can support employees. Representative bodies are organisations that represent the interest and rights of the employees. They can offer support to employees by negotiating pay and terms of employment and providing information, consultation and legal services. They also can help employees with pensions and collective redundancy issues. 5. Briefly describe employer and employee responsibilities for equality and diversity in a business environment. You should give at least two employer responsibilities and two employee responsibilities. If possible, provide relevant equality and diversity procedures from your workplace (or place of study) to support your answer. These documents should be annotated to highlight the relevant sections. The employer has the responsibility to develop and apply policies and procedures reflecting equality and diversity latest legislation, make sure that the line managers promote fair treatment and train the employees in equality and diversity topics. The employees responsibilities are to understand and respect the policies and procedures of the organisation regarding equality and diversity and respect others regardless of disabilities , ethnicity, gender etc.

10 Most Important Dinosaurs of Africa

Cell phones How have they changed us socially - 1632 Words

Does cell phone use really affect our communication skills? Cartoon by Izzy Peterson by Erin Stewart, Editor November 25, 2013 Filed under Fall 2013, Story Cycle 4, Features, Opinion, Showcase The short URL of the present article is: http://lhslance.org/bKUbA We live in a world where communication through modern technology is almost required. Everywhere people are texting, emailing, writing blogs and tweeting. It’s hard to go anywhere without seeing someone using a phone or the Internet to connect with others. Can you imagine not being able to check your Twitter, Facebook or messages for a week? We would feel lost. Of course the use of technology can be good. It provides us with faster, more efficient ways to communicate with†¦show more content†¦Studies have shown that it makes it difficult for students who rely so heavily on technology to actually communicate to adults in person because they don’t quite develop all of the necessary skills to hold or even start a face-to-face conversation. However, these skills are a crucial tool in the workforce. If you want a high paying, stable job, or possibly even to be admitted to a university, you must have good face-to-face communication skills. If you lack these specific skills you most likely won’t even make it through the interview. â€Å"Teens are in the stage of their life where they’re learning so if you don’t learn to have good communication skills, then when you become an adult you will have a harder time asking for help, being proactive with things in your life,† said reading specialist Mrs. Tracey Cassidy. Students who are constantly texting with abbreviated forms of words have begun to speak with the same acronyms. The now everyday uses of â€Å"LOL† and â€Å"OMG† have become substitutions for actual emotional responses in conversations. This form of talking is often seen as flighty and uneducated. They’re not only speaking in abbreviated ways but they are also beginning to become distracted during conversations. While texting, it is easy to jump from topic to topic when an idea comes to mind. However, this is causing many students to become unfocused and sidetracked during face toShow MoreRelatedcell phones: how have they changed us socially927 Words   |  4 Pages Cell phones: How Have They Changed Us Socially? Introduction Thesis Statement: Cell phones have socially changed our lifestyle and have greatly influenced our lives. Alternatively referred to as a cell, cellular, and cellular phone, a cell phone, which is also sometimes abbreviated as â€Å"cp† is a mobile phone or portable phone that enables a user to communicate almost anywhere in the world. The cell phone was invented by Dr. Martin Cooper who led a team of developers at Motorola and madeRead MoreThe Social Impact of Cell Phones Essay1465 Words   |  6 Pagesclosest thing to â€Å"cellular technology† was a car phone made by the ATA Company but, Martin and his determined Motorola group yearned higher heights and deeper depths for communication- and thus the birth of the first cell phone was in process. Cooper wanted to exceed the limitations of just simple â€Å"car conversation†. After consistent tedious hours of production, lasting a several month long period of building, critiquing, and finalizing, the first cell phone was born. The first mobile device was the sizeRead MoreCellphones Essay1370 Words   |  6 PagesCell phones Freymel De La Rosa Mr. Ramà ­rez English 11, 3rd period May 29th 2012 Outline Thesis Statement: Cell phones have changed us socially in many ways since their first invention till now, through their history, uses, and their changes in communication. Introduction I. Cell phones History A. First cell phones B. Cell phones inventor C. How they work II. Using of Cell Phones A. Changes in Communication B. Benefits C. Health effects III. Have theyRead MoreHow Cell Phones Changed Us Socially1503 Words   |  7 PagesHow Cell Phones Changed Us Socially Having a cell phone is very convenient and helpful most of the time. They are great for emergencies, but not everyone knows of the potential negative impacts these phones have on our lives. In the past several years there have been numerous studies looking into the problems, which cell phone cause. This paper will show how the cell phone has had a dynamic impact on social interactions in today’s society. First it will show the point of having a cellular phoneRead MoreEssay About Mobile Phones966 Words   |  4 PagesThroughout the years cell phones have changed a lot with advanced technology. Improve technology has made a great change in history of phones, transforming the huge brick-like mobile phone of 1995 to sleek and stylish smartphones we carry with us now. Back then people didnt have the features phones as for now. For example, pictures, facetime and touch screen. At this moment, advanced technology in cell phones has gained much attention to all people ages. The only difference is that a few years backRead MoreThe Effects Of Internet Technology On Society s Society Essay903 Words   |  4 Pagestechnology and use it on a daily basis, whether it be a cell phone, computer, GPS, or a tablet. Technology helps us in many different ways by being able to complete t asks easier, and be connected to people we cannot see daily. Text messages, emails, apps like Snapchat, Skype, or FaceTime helps us stay connected to people far or near. Wireless internet has allowed internet access to any phone, or computer in reach. Technology has helped us complete necessary online applications like college admissionRead MoreEssay about The Most Important Technology: Cell Phones1220 Words   |  5 Pageslife and became amazed about how popular, of all the technology, cell phones have become. It’s amazing that in our culture we make ourselves available every minute of every day. Many people don’t even have home phones anymore. Cell phones have become more of a necessity more than a need nowadays. They became an essential communication tool. Cell phone usage in the US has increased from 34 million to 203 million in the last ten years. Many may want to view the cell phone as your personal safety deviceRead MoreThe Speech : The Communication Drought 1500 Words   |  6 Pageslater. They would pick up the cell phone paying for long-distance calls and could only talk to one person at a time. Teenagers passed hand-written notes to their friends in class. For the last decade, technology has changed the way in which people communicate, mainly due to the advent of the Internet. Instead of mailing letters, we are writing e-mails and rather than sending messages through text, we Snapchat. Many people have previously thrown their landline phones out the window and exchanged themRead MoreWhy I Don t Use Time For Homework863 Words   |  4 Pagesthe background (I’ll have to look up his name later). At the same time, though, it all happened so fast. One moment it was safe and secure in my grasp, and the next it was lying on the floor just as shattered as my heart. I could only stare at the catastrophe that lay in front of me. I thought about how I would live without that little guy – I also thought about all the money that I was going to burn on this little mishap. No, I’m not addicted to my iPhone, I just like to have it near me in caseRead MoreCellphones Have Become A Huge Part Of Everyday Life1206 Words   |  5 Pagesperson without a cell phone in their hand or a computer on their lap? Very slim. In the modern culture, technology has become a huge part of everyday life. This is replacing social interactions with social media and love letters with messaging and genuine friends with far away strangers. Over the course of technology development, social and communication skills have greatly decreased due to dependence on such devices, thus being a direct effect. For American teen’s, cellphones have become a vital