Equity VIII
With
the advent and subsequent stifling of the writ system, defects in the common
law, the principle that like cases should be treated in like manner, became
more apparent.
For
starters judges and juries adhered too strictly to precedent and decided in
line with past cases, without taking into account other facts and factors
regardless of how compelling they were.
Furthermore,
the process of jury vetting at the time did not exist or was not as
comprehensive as it is today, and members of the jury were at times prone to be
corrupt and were not averse to intimidating the parties at a trial.
In
terms of remedies the only remedy that was available was damages and remedies
like specific performance and injunctions (equitable remedies) were not
available.
In
addition to that the process was overly lengthy with too much attention being
paid to what was written and what was not, and the common law courts did not
recognize trusts.
Copyright
© 2019 by Dyarne Jessica Ward
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