14 Questions
Lord Browne-Wilkinson referred to the fusion of which two systems of law?
Law and equity
Who observed that the opinion of the Judicature Acts fusing law and equity is widely discredited?
Lord Millett
What has the administration of both law and equity borrowing from each other resulted in?
The harmonious development of the law
According to the Judicature Acts 1873 and 1875, which of the following statements is true about the reorganization of the courts?
Every judge of the High Court had the power to recognize and give effect to either legal or equitable rights.
What was the effect of section 24(5) of the Judicature Acts?
It abolished the common injunction.
In cases where there was a conflict between the rules of equity and the rules of common law, what was the general provision under the Judicature Acts?
The rules of equity would prevail unless otherwise specified.
What does section 25(11) of the Acts do?
It provides that in all courts, where there are conflicting rules, the legal rule is abolished and the equitable rule replaces it for all purposes.
What is the difference between common law and equity?
Common law and equity may give different but compatible remedies in some cases.
What was the common law view before 1875 regarding an agreement for a lease that was not executed?
The common law view was that the agreement was void and the tenant had no rights.
What is the orthodox view regarding the fusion of law and equity?
The orthodox view is that there has merely been a fusion of administration, with law and equity running side by side.
What was the major purpose of the Supreme Court of Judicature Act 1873?
To do away with the dichotomy between rules of equity and rules of common law
What did the Attorney-General state about the Bill in terms of fusion of law and equity?
The Bill aimed to decline the fusion of law and equity
What did Mummery LJ state about the Judicature Acts?
The Judicature Acts intended to achieve procedural improvements in the administration of law and equity in all courts
What is inconsistent with the idea of the fusion of law and equity?
The fact that purely equitable rights can still only be enforced by equitable remedies
Study Notes
Understanding the Evolution of English Law: Common Law, Equity, and the Supreme Court of Judicature Act 1873 - Test your knowledge on the historical significance and interplay between common law, equity, and the landmark Supreme Court of Judicature Act 1873 in shaping the English legal system.
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