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(i) Writ system –this system did not recognize all possible complaints and
delayed administration of justice.
(ii) Inflexibility or rigidity; the common law system of administration was too rigid by
reason of the doctrine of stare decisis.
(iii) Delays: administration of justice at common law was excruciatingly slow by reason of
a lengthy procedure and defendants. Often relied on standard defences known as essoins to
delay the cause of Justice by pleading sickness, being away on a crusade or being cut by
floods.
(iv) Procedural technicalities: common law courts paid undue attention to procedural niceties.
(v) Inadequate remedies: common law courts could only award damages:- it could not
decree specific performance or grant an injuction.
(vi) Non-recognition of trust: - at common law trustee and beneficiaries had no
enforceable rights or duties. Since the relationship was not legally recognized. Beneficiaries
had no remedies against errant trustees.
(vii) Inadequate protection of borrowers; borrowers who failed to honour their
contractualobligations within the required duration often lost their securities. All loans had
to be repaid within the contraction period, failing which the security was forfeited.?
maurice.mutuku answered the question on May 3, 2018 at 06:21
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