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2. The Equity of the Common Law Courts

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Chapter Summary

Common Law courts might also have 'good faith' and fraud in mind in making other kinds of decision. The obligation was normally undertaken on behalf of the grantor and his or her heirs and it passed by inheritance to the heirs of the grantor. During the second half of the 13th century, the courts and the king's chancery, which drafted and issued the original writs which commenced litigation and warranted the courts hearing that litigation, seem to have cooperated in a deliberate and sustained attempt to extend the availability of the action. From the later 1280s onwards actions of account also began to specify not that the agent had been the plaintiff 's 'bailiff ', but the 'receiver of his money'. The procedure of the English Common Law in this period did not normally involve any direct questioning of the parties or any testimony given by them on oath.

Keywords: Common Law courts; English Common Law; good faith



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