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Disadvantages Of Common Law

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Question 1
a. Common Law
Definition of common law:
The common law, sometimes known as case law, is the body of law that is based on the judges through the decisions made in court. In the system of common law, when a court decides and reports its decision regarding a specific case, the case then becomes a part of the body of law and can be used in cases that involve related matters in the future. Common law has been dispensed in the courts in England since the Middle Ages. It can also be found in the United States and in most of the British Commonwealth.

Development of common law:
Different regions of England were ruled by different systems of law before the Norman Conquest. In 1066, when William I gained the throne he started a strong central …show more content…

Seeing that these decisions are based on previous judgments, people will know what to expect since there is already a degree of predictability. It is more convenient and practical to follow this procedure through.
• Common law can alter to new issues as they appear. Namely, the court can dictate on a new matter there and then, it doesn’t have to wait for a new law to be conceded.
• There is definite efficiency as compared to a procedure that does not follow a precedent based system. Since there is already a basis on which the judgment will be passed, the judicial process becomes so much faster.

Disadvantages of common law:
• Common law can old and is frequently based on archaic concepts.
• Furthermore, common law is not all officially laid down and plainly in unambiguous or structured language like statutes.
• If a bad court decision has been made, it will be perpetuated as common law systems are all about following precedents. Changes will take a long time to happen, so in the mean time, a bad decision will continue to be upheld.

Relation between common law and equity:
Theoretically, the law of equity is a set of rules formed by the Court of Chancery so as to alleviate the severity that the common law system provided to the country. There is a particular relationship between the common law and …show more content…

Before passing of the first Judicature Act in year 1873, there were two different court systems – the common law courts and the court of chancery. The common law courts dealt with the common law and the court of chancery dealt with the law of equity. Therefore, until 1873 the claimant had to choose whether to bring the claim in equity or at common law. This was depended on what remedy the claimant wanted to pursue. If the claim were made in the wrong court, it would fail automatically and ought to be bought again in the suitable court. This system clearly wasted a lot of time and money. The Judicature Act of 1873, subsequently the Judicature Act of 1875, eliminated the necessity to sue in common law for a common law remedy. The Judicature Acts then established a single High Court of Justice with

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