Common law may be described as a branch of the law of England which was developed
by the ancient common law courts for example Court of Exchequer, Kings Bench and Common
Pleas from customs, usages and practices of the English people. These courts applied
the peoples customs in dispute resolution, thereby elevating the customs to rules of law.
They universalized and standardized the customs. The evolution of common law is tied
to the doctrine of stare decisis and the writ system. The growth of the common law was
characterized by various challenges, for example procedural technicalities, delay,
inadequate remedies, writ system, non recognition of trusts among others. Common law differs
from equity in many respects:
(i) It developed before equity that is, it is an older system of rules.
(ii) It was developed by a different court system. Equity was developed by the Lord
Chancellors Courts.
(iii) The common law courts were guided by the writ system and doctrine of
staredecisis. Equity courts relied on other principles, for example fairness.
(iv) Common law had only one remedy, namely damages, while equity developed many
others for example injunction, rescission, specific performance among others.
(v) Common law acts in rem while equity acts in personam.
(vi) If the two sources of law conflict equity prevails.
(vii) Common law developed as a complete system of rules while equity did not.
maurice.mutuku answered the question on April 30, 2018 at 12:18
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