Equity

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Common law, as it developed through the Middle Ages, became to be seen as at times rigid and inflexible. As a result, a separate system, the law of equity, was developed by the Court of Chancery to address some of these shortcomings.

Under common law rules, the only remedy to an injured party is damages i.e. financial compensation for his/her loss. There may be circumstances though, where monetary compensation would not adequately compensate the innocent party, for example if the subject of the contract was unique, for example a rare bottle of wine, only one existing in the world. Equity developed a number of new non-monetary remedies such as injunctions and specific performance, which judges could award if damages were not seen to be an adequate remedy. Using the wine example, an order of specific performance, to order the wine seller to comply with the contract, would be a more satisfactory

remedy in this case. Equity also developed the law of trusts. It is a discretionary remedy.

Some equitable principles or ‘maxims’:

equity delights in equality

equity will not suffer a wrong to be without a remedy

delay defeats equity

‘he who cones to equity must do so with clean hands’

one who seeks equity must do equity’

Criminal law and civil law

As we have seen criminal law is an example of public law, and civil law is an example of private law. It is important to be very clear as to the differences between the two, as set out in the table below.

Some cases can result in a prosecution under criminal law as well as an action brought privately under civil law.

As well as understanding the difference, it is important to be clear on the differences in terminology between the two, as this kind of distinction will often come up in exam questions.

	Criminal Law	Civil law
A form of	Public law	Private law
Aim	Deterrent via the threat of punishment	Compensate
Cases brought by	The state (via the Crown Prosecution Service) in the name of the monarch	Individuals in their own name
Citation	R v Smith	Smith v Jones
Bringing the case	Prosecute	Sue

	Criminal Law	Civil law
Terminology	Guilty	Liable
Terminology	Innocent	Not liable
Name of the party bringing the case	Prosecution	Claimant
Name of the party defending the case	Accused/Defendant	Defendant
Jury trial?	Yes, depending upon the severity of the crime	No (with a couple of exceptions)
Burden of proof	Beyond reasonable doubt	On the balance of probabilities
If Defendant loses case	Convicted/guilty. Sentence of imprisonment or a fine	Liable. Damages or possibly an equitable remedy
If Defendant wins case	Not guilty. Acquitted	Not liable

Categories: : Corporate and Business Law (LW)