Question

explain the distinction between common law and equity law

Answer 1

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Answer 2

One of the major differences between common law and equitable rights lies in the deficiencies of the common law remedy. When equity originally developed as a “gloss on the common law" according to Pettit,  it developed new remedies and recognized new rights where the common law fails to act. Therefore, equity provides a remedy where common law provides none or provides a more suitable remedy than common law. According to Lord Nicholls in AG v Blake  “in general, legal rights and remedies remain distinct from equitable ones. Some overlap does, however, occur, for example, an injunction, an equitable remedy, can be sought for an anticipatory breach of contract, or to stop a nuisance, both common law claims". In this case, the House of Lords allowed the equitable remedy of account of profits for a claim for breach of contract where the common law remedy of damages would have been inadequate....