Common Law & Equity

The traditional common law is a mixture of:

• Old customs and old Anglo-Saxon Law

• Anglo-Saxon Law and Greco Roman Laws

• Greco Roman Laws and the Hammurabi Code

• Shariah Laws and Ecclesiastical Laws

Common laws are generally made up of:

• Statutes

• Judge-made Laws

• Treaties

• Agreements

What are the two main types of customs?

• Specific and Tertiary Customs

• Secondary and Primary Customs

• Local and General Customs

• International and Loca Customs

Which of the following are the test laid down by the courts to determine if the rules are considered as a local custom?

• Existed time in memorial

• Exercised peaceably, openly and as of right

• reasonable

• Definite as to locality, nature and scope

In Egerton v Harding and New Windsor Corporation v Mellor, the court decided something that is considered rare, what was the decision?

• To give damages to a wrongful person

• To recognise a corporation as an artificial person

• To recognise a law of another country applicable in UK

• To recognise new customs

Why was equity developed?

• As there have been a lacunae in common law

• As the judges have too much free time

• As there have been an increase of population

• As there have been an increase of professional judges

The Earl of Oxford's Case (1615) is important because:

• The Earl of Oxford was to be the next king

• The Magna Carta was signed by the King

• The King abdicates to give his throne to the Queen

• The King ruled that equity should prevail against common law

Which of the following is NOT an equitable maxim?

• Equity looks at intention rather than form

• Equity is as beautiful as the person practices it.

• Delay defeats equity

• He who comes to equity must come with clean hands

Which of the following is a maxim of equity?

• Equity will not suffer a wrong without a remedy

• Equity and common law could not stand in the same proximity

• Equity behaves, common law punishes

• He who opts for equity must obey common law

Which of the following is NOT a remedy of Equity

• Injucntion

• Prohibitory Order

• Damages

• Declaration