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Equity and Common Law

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Questions and Answers

What is the primary implication of the maxim 'Equity will not suffer a wrong to be without a remedy'?

Equity provides remedies when common law remedies are inadequate. (correct)
Equity creates new legal rights independent of existing laws.
Equity only addresses wrongs explicitly defined by common law.
Equity prioritizes punishment over compensation in cases of wrongdoing.

The phrase 'ubi jus ibi remedium' best reflects which concept?

The principle that every right has a corresponding remedy. (correct)
The power of the court to create new laws.
The fusion of law and morality in legal judgments.
The limitation of legal remedies to those specified by statute.

In what scenario would equity be most likely to intervene, based on the maxim 'Equity will not suffer a wrong to be without a remedy'?

When a criminal defendant claims ignorance of the law as a defense.
When a contract dispute can be resolved through strict interpretation of its terms.
When the existing legal framework offers no adequate redress for a demonstrable injustice. (correct)
When a plaintiff seeks punitive damages exceeding statutory limits.

How does equity's role, as defined by the maxim regarding remedies, differ from that of common law?

Equity supplements common law by providing remedies where it is deficient. (A) Signup and view all the answers

What is the practical effect of the maxim 'Equity will not suffer a wrong to be without a remedy' on judicial decision-making?

It empowers courts to fashion equitable remedies tailored to specific injustices. (B) Signup and view all the answers

Considering 'Equity will not suffer a wrong to be without a remedy,' what limitation, if any, exists on equity's power to intervene?

Equity's intervention is guided by principles and precedents; it cannot create entirely new rights. (A) Signup and view all the answers

In the context of 'Equity will not suffer a wrong to be without a remedy,' how does the case Aodjei v Foriwa likely demonstrate this principle?

By illustrating how equity provides a remedy in a situation where common law fails to do so adequately (C) Signup and view all the answers

How does the maxim 'Equity will not suffer a wrong to be without a remedy' influence the development of new equitable principles?

It encourages the development of new principles to address novel situations where justice demands a remedy. (A) Signup and view all the answers

Which scenario exemplifies a situation where equity would likely invoke the maxim 'Equity will not suffer a wrong to be without a remedy'?

A situation where strict application of the law leads to an unfair or unjust outcome not intended by the law. (D) Signup and view all the answers

What is the relationship between 'Equity will not suffer a wrong to be without a remedy' and the broader concept of justice within a legal system?

The maxim ensures that the legal system strives for just outcomes, even when strict legal rules fall short. (B) Signup and view all the answers

Flashcards

"Equity Will Not Suffer A Wrong To Be Without A Remedy"

Equity provides a remedy where common law is insufficient, ensuring fairness and justice.

Ubi jus ibi remedium

Latin phrase meaning "where there is a right, there is a remedy."

Aodjei v Foriwa

Illustrates equity's role in offering remedies when common law fails to provide justice.

Study Notes

Equity intervenes to provide a remedy where the common law is deficient.
The principle is encapsulated in the Latin phrase "ubi jus ibi remedium," meaning "where there is a right, there is a remedy."
Equity steps in to ensure fairness and justice when the existing legal framework falls short.
The case Aodjei v Foriwa exemplifies the application of this maxim.

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