What is the difference between common law and equity?

Common law and equity are two distinct branches of jurisprudence law in North Carolina. Common law is based on past legal decisions and established precedents. It is the primary source of law, and courts are bound to follow and uphold the decisions of prior courts. On the other hand, equity is an equitable remedy based on fairness and justice, that can be used when there is no legal solution. In common law, if there is no legal remedy, a plaintiff is out of luck. However, in equity, the court can grant relief that goes beyond traditional legal remedies. They can make custom orders to fit the particular circumstances. Examples of equitable relief include injunction, which is an order issued to prevent an activity or act, and rescission, which cancels an agreement. In some cases, common law and equity can conflict. When this happens, the common law takes precedence. Equity is only an alternative to the common law if the common law fails to provide a remedy. Similarly, North Carolina courts may not apply equitable principles if common law remedies are available. Therefore, the difference between common law and equity comes down to the way court remedies are provided. Common law is rooted in legal precedent, while equity focuses on providing a fair and just resolution that may go beyond traditional legal remedies.

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What is the difference between common law and equity?

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