What is the difference between common law and equity?

The primary difference between common law and equity is the way in which disputes are resolved. Common law, which is the body of law created by judicial decisions, does not provide for remedies for every claim, and it relies on a set of predetermined legal doctrines and principles. Equity is the body of law that evolved out of the need to provide relief when no remedy existed under the common law. Common law is based on precedent, meaning the court must apply the law as it is understood by previously decided cases. Equity is based on fairness and takes into account the specifics of each individual case in order to come up with a resolution that is right for the particular parties involved. Common law focuses on punishing a wrongdoer while equity focuses on remedying a wrong. As an example, in common law, if a tenant breaches a lease, the landlord may sue in a court of law for monetary damages, or eviction. In equity, the landlord can seek an injunction preventing the tenant from doing something, such as repairing the property or removing furniture. The other notable difference between common law and equity is the court in which the dispute will be heard. Common law cases are heard in the Superior Courts, while equity cases may be heard in the Court of Chancery. Overall, common law is more rigid and focuses on the generalities of the law, while equity pays attention to the specifics of each individual case, and is more flexible in providing remedies.

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What is the difference between common law and equity?

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