| Common Law | Equity |
| · This is a branch of the Law of England which was developed by the ancient common law courts from customs, usages and practices of the English people.
· Developed as a complete system of law. · Common law act is rem
· Developed from customs, usages and practices of the people.
· Developed before equity
· Common law rights are enforced as of right
· Developed on the basis of the writ system and stare decisis
· If common law and equity conflict, equity prevails. |
· This is a branch of the law of England which was developed by the various Lord
Chancellor‟s courts to supplement the common law.
· Was not a complete system. · Equity acts in personam · Developed on the basis of the principal of fairness or justice.
· Developed to mitigate the harshness of the common law
· Develop additional remedies e.g. injunction, specific performance, tracing etc. · Equitable rights are discretional · Developed after the common law. |
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