An Elementary Treatise On the Common Law, for the Use of Students
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There were accordingly a good many cases in which no ap- propriate writ or form of action existed, and therefore no remedy could be had; for instance for torts committed by negligence or fraud which did not amount to trespasses, or for the breach of simple contracts which did not create debts. The inadequacy of the common law scheme of remedies was severely felt, and an attempt to obviate it was made in the statute of West- 23 The Chancellor was forbidden to do so by the provisions of Oxford in... 1268.
EEMEDtES IN THE COMMON LAW COURTS, 643 minster 2nd. That statute provided that whenever m any case Thestatnts a form of writ was found in the Chancery, and in a case falhng ™nster2na.
under the same right and requiring a like remedy no writ could be produced, the clerirs in Chancery should make a new writ or refer the matter to Parliament to have one made.
If that statute had been liberally construed and the powers given by it freely exercised, perhaps the courts of common law might have been enabled to give relief in all or nearly all the cases in which, for want of any remedy at law, parties were forced into the court of Chancery, and equity as a separate system of law might never have existed.
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You can find similar books in the "Read Also" column, or choose other free books by Terry, Henry Taylor, 1847- to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
There were accordingly a good many cases in which no ap- propriate writ or form of action existed, and therefore no remedy could be had; for instance for torts committed by negligence or fraud which did not amount to trespasses, or for the breach of simple contracts which did not create debts. The inadequacy of the common law scheme of remedies was severely felt, and an attempt to obviate it was made in the statute of West- 23 The Chancellor was forbidden to do so by the provisions of Oxford in... 1268.
EEMEDtES IN THE COMMON LAW COURTS, 643 minster 2nd. That statute provided that whenever m any case Thestatnts a form of writ was found in the Chancery, and in a case falhng ™nster2na.
under the same right and requiring a like remedy no writ could be produced, the clerirs in Chancery should make a new writ or refer the matter to Parliament to have one made.
If that statute had been liberally construed and the powers given by it freely exercised, perhaps the courts of common law might have been enabled to give relief in all or nearly all the cases in which, for want of any remedy at law, parties were forced into the court of Chancery, and equity as a separate system of law might never have existed.
What to read after An Elementary Treatise On the Common Law, for the Use of Students?
You can find similar books in the "Read Also" column, or choose other free books by Terry, Henry Taylor, 1847- to read onlineMoreLess
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