Explain the key distinctions between common law and equity
ANSWER
| Common Law | Equity |
| This is a branch of the Law of England which was developed the ancient common law courts from customs, usages and practices of the English people. | This is a branch of the law of England which was developed the various Lord Chancellor’s courts to supplement the common law. |
| Developed as a complete system of law. | Was not a complete system. |
| Common law act is rem | Equity acts in personam |
| Developed from customs, usages and practices of the people. | Developed on the basis of the principal of fairness or justice. |
| Developed before equity | Developed to mitigate the harshness of the common law |
| Common law rights are enforced as of right | Develop additional remedies e.g. injunction, specific performance, tracing etc. |
| Developed on the basis of the writ system and stare decisis | Equitable rights are discretional |
| If common law and equity conflict, equity prevails. | Developed after the common law. |