common law and equity tracing Free Essay, Term Paper and Book Report
It has often been said that a century and a quarter after the Judicature Acts law and equity should be integrated. This may be a desirable aspiration, but it has not proved easy to achieve
The concepts and terminology of equity were quite different from those of the common law, and this was just what gave equity the power to supplement and correct the law without overturning it. Equitable concepts, therefore, cut across legal categories, and cannot easily be fitted to concepts derived from the common law. (S. Waddams, Dimensions of Private Law, p.13).
Discuss
This essay will look at the feasibility as to whether the rules governing common law and equity can be fused. This particular debate has split judges and academics alike for a number of years. It will look at arguments for and against the integration between of the two jurisdictions. Discussion will be centred on common law and equitable rules of tracing. It will first be necessary to look at the brief background of the jurisprudence of both common law and equity and the significance of the Judicatu......
Word Count: 4246
Page Count: 16.9 (250 words a page / double spaced)
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