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Trace the origin of equity, and how it came to prevail over common law

Common law developed as a result of custom and judicial decisions, as distinct from the law laid down by legislative assemblies. The system of laws originated and developed in England, based on court decisions, on the doctrines implicit in those decisions, and on customs and usages, rather than on codified written laws. The inflexibility of the writ system, and the consequent expense - if a writ had a minor drafting error, it would be thrown out, for example, in Pinnel's Case 1602, where Pinnel won as a result of Cole's drafting error, even t...

Posted by: Chad Boger

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