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• was highly formalised and did not provide for a writ for every legal or factual problem people had at the time -> Wheres no writ, theres no right (common law in strict sense)

• 
  

• was permission of the king given to his royal justices to strt a particular law suit and to assemble a jury

ubi ius remedium (wo ein Recht da ein Rechtsbehelf)

• developed over the centuries because of the limitations of the writ-system -> when people were denied access to justice in cases where no appropriate writ existed, they started petitioning th King as the Fountain of Justice, who decided outsied the writ and court system only on basis of justice, farness and reasobleness

• uses maxims instead of precedent cases

Vertragsaufhebung

Streitpartei

Kläger

reisend -> itinerant justices

remedy that could not be obtained under common law but later became one of so called equitable remedies

most important writ-based common law remedy

inductive, flexible, serving individual justice

• Provisions of Oxford, forms of action

injunction, specific perf, acc for profits

clean hands, in personam, cloak for fraud

Kings Secretary, Canon lawyer, father of equity

William I, Henry II, William Blackstone

1. before 1066 no unified legal system in Engl

2. Henry II introduced reforms -> writ-system (major remedy: damages)

3. Equity developed to balance writs

4. Equity delegated from King to Lord Chancellor

5. Maxims developed

6. today Equity still part of common law legal systems

gemäß