Unit III

The Development of English Law

The law of England and Wales has been built up very gradually over
the centuries. There is not just one way of creating or developing law;
there have been, and still are, a number of different ways. These methods
of developing law are usually referred to as sources of law. Historically,
the most important origins of the development of English law were
common law, which is based on custom and decisions of judges, and
equity. Then, as Parliament became more powerful in the eighteenth and
early nineteenth centuries, Acts of Parliament were the main source of new
laws, although judicial decisions were still important as they interpreted
the parliamentary law and filled in gaps where there was no statute law.

1. Customs
He is a barbarian, and thinks that the customs of his
tribe and island are the laws of nature
George Bernard Shaw, 1856–1950
(“Caesar and Cleopatra”,1898)

These are rules of behaviour which develop in a community without

being deliberately invented. There are two main types of customs: local
customs and general customs.
Until and for some time after the Norman Conquest, it could scarcely
be said that there was such a thing as English law. The population was
small, settlements were often widely separated and travel was difficult.
Justice and other aspects of administration tended to be local. Each local
community would have its own court in which, for the most part, local
customs would be applied. These customs, the beginnings of legal rules,
varied considerably from one area to another.

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 ‘Local customs’ is the term used where a person claims that he is
entitled to some local right, such as a right to use land in a particular
way, because this is what has always happened locally. Such customs are
an exception to the general law of the land, and will only operate in that
particular area.
Since there were (or still are) exceptions to the general common law,
the judges, from the earliest times, established a series of rigorous tests
or hurdles that had to be passed before they recognized any local custom.
These tests still exist today and are used on the rare occasions that a claim
to a right comes before the courts because of a local custom. The tests are
as follows:

 The custom must have existed since ‘time immemorial’.

 The custom must have been exercised peaceably and openly.
 The custom must be definite as to locality, nature and scope.
 The custom must be reasonable.
General customs are believed to have been very important in that they
were, effectively, the basis of English Common law. It is thought that
following the Norman conquest ( as the country was gradually brought
under centralized government) the judges appointed by the kings to
travel around the land making decisions in the King’s name based at least
some of their decisions on the common customs. This idea caused Lord
Justice Coke in the seventeenth century to describe these customs as
being ‘one of the main triangles of the laws of England’. However, other
commentators dispute this theory.

It is very unusual for a new custom to be considered by the courts

today and even rarer for the courts to decide that it will be recognized
as a valid custom, but there have been some such cases. For example in
Egerton v Harding (1974) the court decided that there was a customary
duty to fence land against cattle straying from the common. Another case
was New Windsor Corporation v Mellor (1974) where a local authority
was prevented from building on land because the local people proved
there was a custom that they had the right to use the land for lawful
sports. Although customs may develop, they are not part of the law until
recognized by the courts; it is the judges who decide which customs will
be recognized as enforceable at law.

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 2. Common Law
“The Common Law of England has been laboriously built about
a mythical figure – the figure of ‘The Reasonable Man’.

Clearly the legal system in England and Wales could not rely only on
customs. Even in Anglo-Saxon times there were local courts which decided
disputes, but it was not until after the Norman conquest in 1066 that
a more organized system of courts emerged. This was because the Norman
kings realized that control of the country would be easier if they controlled,
among other things, the legal system. The first Norman king, William the
Conqueror, set up the Curia Regis (the King’s Court) and appointed his
own judges. The nobles who had a dispute were encouraged to apply to
have the King (or his judges) decide the matter.
As well as this central court, the judges were sent to major towns to
decide any important cases. This meant that judges travelled from London
all round the country that was under the control of the King. In the time of
Henry II (1154–1189) these tours became more regular and Henry divided
up the country into ‘circuits’ or areas for the judges to visit. Initially
the judges would use the local customs or the old Anglo-Saxon laws to
decide cases, but over a period of time it is believed that the judges on the
return to Westminster in London would discuss the laws or customs they
had used, and the decisions they had made, with each other. Gradually,
the judges selected the best customs and these were then used by all the
judges throughout the country. This had the effect that the law became
uniform or ‘common’ through the country, and it is from here that the
phrase ‘common law’ seems to have developed.
Common law is the basis of English law today: it is unwritten law
that developed from customs and judicial decisions. The phrase ‘common
law’ is still used to distinguish laws that have been developed by judicial
decisions, from laws that have been created by statute or other legislation.
For example, murder is a common law crime while theft is a statutory
crime. This means that murder has never been defined in any Act of Parlia-
ment, but theft is now defined by the Theft Act 1968.
Common law also has another meaning, in that it is used to distinguish
between rules that were developed by the common law courts (the King’s
courts) and the rules of Equity which were developed by the Lord
Chancellor and the Chancery courts.

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 WORDS AND PHRASES YOU NEED TO KNOW

1. custom n a practice that by its common adoption and long, unvarying

habit has come to have the force of law
local custom a custom that prevails in some defined locality only, such
as a city or county, and constitutes a source of law for that place only
general custom a custom that prevails throughout a country and
constitutes one of the sources of the law of the land
valid custom legally sufficient custom
customary adj (usual); customary duty
2. judicial decision n court decision
3. common law n the body of law derived from judicial decisions,
rather than from statutes of constitutions
4. centralize v to bring under central control; centralized government
5. appoint v choose for a position
6. be entitled to v to be granted a legal right to or quality for
7. enforceable at law adj capable of being enforced to comply with the
legal process
8. theft n any act of stealing; Theft Act 1968
9. statutory crime n a crime punishable by statute; cf. common-law crime
10. equity n fairness; the system of law or body of principles originating
in the English Court of Chancery
11. chancery court n a court of equity
Reading notes:

Act of Parliament – a law that has been officially accepted by a parliament,

especially the British Parliament. Before a law becomes an ‘Act”, when
it is still being discussed, it is called a ‘bill’.
Anglo-Saxon adj connected with the Anglo-Saxon people who lived in
England from about 600 AD.
Harold II, King (? 1022–1066) – the last Anglo-Saxon king of England, who
became king at the beginning of 1066 but later that year died in battle
against William the Conqueror at Hastings. He is supposed to have been
killed by an arrow that hit him in the eye.
William the Conqueror (1027–1087) – the king of England from 1066 until
his death, also William I. William was the Duke of Normandy (in northern
France), and became king of England by defeating King Harold at the
Battle Hastings in 1066. His arrival brought great changes in English

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 society, and is seen as the end of the Anglo-Saxon period and the
beginning of the Middle Ages. He gave a lot of land and power to other
Normans, so that French became the language of the ruling class, and
he built many castles to control the English.
The Normans – people from Normandy, in N France, who originally came
from Norway. Led by William the Conqueror, they took control of England
in the 11th century, and had a very important influence on the law,
language, and culture of England.
Norman Conquest – the period when the Normans led by William the
Conqueror, took control of England after defeating the previous English
King Harold II, at the Battle of Hastings in 1066. Those events had a very
great influence on England’s history, culture, and language, and French
became the main language of the ruling class.
Westminster – a part of a city which is responsible for managing its own
schools, roads and etc, which contains a large part of west central
London, including Westminster Abby, the House of Parliament, and
Buckingham Palace.

Exercise 1 Read the following sentences, notice carefully the

active words in bold, and translate the sentences into
Russian.
Custom
1. The guide offers information on local customs.
2. The main stream of English law began with the unification of local
customs to form the common law and has been developed down to the
present day by the judges as precedent has been built upon precedent.
3. These methods of developing law are usually referred to as sources of
law. Historically, the most important ways were customs and decisions
of judges.

Customary
1. In some countries it is customary for the bride to wear white.
2. Barbara answered with her customary enthusiasm.
3. For example in Egerton v Harding (1974) the court decided that there
was a customary duty to fence land against cattle straying from the
common. Another case was New Windsor Corporation v Mellor (1974)
where a local authority was prevented from building on land because
the local people proved there was a custom that they had the right to
use the land for lawful sports.

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Common law
1. The different local customs were therefore replaced gradually by a body
of rules applying throughout, or common to, the whole country and
known eventually as the common law.
2. The formulation of the common law took place when there were few
statutes or other forms of written law.
3. Gradually, the judges selected the best customs and these were then
used by all the judges throughout the country. This had the effect that
the law became uniform or ‘common’ through the country, and it is
from here that the phrase ‘common law’ seems to have developed.

Appoint / appointment
1. He’s been appointed to the Supreme Court.
2. Today in the US the governor may still make temporary appointments
to fill vacancies that occur in the Senate from his state, with the state
legislature’s permission.
3. It is thought that following the Norman conquest (as the country was
gradually brought under centralized government) the judges appointed
by the kings to travel around the land making decisions in the King’s
name based at least some of their decisions on the common custom.

Be entitled to
1. Full-time employees are entitled to receive health insurance.
2. I’m entitled to know why I wasn’t given a job.
3. ‘Local customs’ is the term used where a person claims that he is
entitled to some local right, such as a right to use land in a particular
way, because this is what has always happened locally.

Equity
1. Equity was never a comprehensive system of law as was common law,
but was for the most part a collection of individual rules or principles.
2. If common law was the book, equity was a page of errata.
3. Common law also has another meaning, in that it is used to distinguish
between rules that were developed by the common law courts (the
King’s courts) and the rules of Equity which were developed by the
Lord Chancellor and the Chancery courts.

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Exercise 2 Fill the spaces in the following sentences with a suit-
able expression from Exercise 1.
a) In the English-speaking countries … is the principle of justice which
may be used to correct a law when that law would cause hardship
in special cases.
b) Only members of the company … … … use the facilities.
c) Historically, the most important ways were … and decisions of
judges.
d) A committee was … to consider the plans.
e) Although customs may develop, they are not part of the law until
recognized by the courts; it is the judges who decide which customs
will be recognized as…
f) You may … … … compensation or loss of earnings.
g) … is law made by a body other than Parliament, but with Parliament’s
authority.

Exercise 3 Find in the text English equivalents for the following

Russian words and expressions:
обычай, местный обычай; общепринятый обычай; разумный обы-
чай; действительный, имеющий силу обычай; применить обычай;
правовая норма; пройти тестирование; общее право; решить спор;
решить судебное дело; справедливость; право справедливости
(правосудие на основе права справедливости); имеющий исковую
силу (могущий быть принудительно осуществлённым в судебном
порядке); судебное решение; право, выраженное в законодатель-
ных актах (статутное право); преступление, предусмотренное ста-
тутным правом.

Exercise 4 Translate the following sentences into English.

1. В период до норманнского завоевания Англии в стране отсут-

ствовала централизованная правовая система.
2. Право этого периода представляло собой лишь местные обычаи
патриархальных англосаксонских племен и сообществ.
3. Правовые обычаи англосаксов устарели еще во время правле-
ния Вильгельма Завоевателя. Поэтому исторически очень скоро укреп-
ляется новая система права, которая была введена норманнами в про-
тивовес местным правовым обычаям англосаксов.

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 4. Норманны весьма гордились тем, что им удалось ввести общее
для всей территории завоеванной страны право. Отсюда и пошло на-
звание английской системы права – «общее право».
5. Завоеватели стремились установить такую систему, которая
охватывала бы всю страну. Необходимость централизации власти
и централизованных органов управления определялась политичес-
кими и финансовыми причинами.
6. Все претензии, которые предъявлялись старому общему праву,
обусловили появление в Англии нового права – права справедливости.

SPECIAL PROBLEMS YOU NEED TO KNOW

 a number of and the number of

‘There is not just one way of creating or developing law; there have
been, and still are, a number of different ways.’
A number of is used with plural verbs, while the number of is used
with singular verbs.

Exercise 1 Choose the right verb.

a) A number of cases (was, were) settled out of court.

b) The number of mistakes he makes (is, are) startling.
c) A number of cars (was, were) packed on the lot.
d) Quite a number of people (is, are) emulating their attempt to avoid
the crowd.
e) The number of foreign students at the University (has, have) in-
creased.
f) The number of books missing from the library (is, are) large.
g) A number of students (was, were) missing from yesterday’s
lecture.
h) The number of pages in this book (is, are) three hundred.

 cause – because of and because

‘These tests exist today and are used on the rare occasions that a claim
to a right comes before the courts because of a local custom.’
Avoid using because of before a subject and verb. Avoid using because
before a noun which is not followed by a verb.

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Exercise 2 Reword the following sentences using because or
because of.
a) They decided to stay at home as the weather was bad.
b) Classes will be cancelled tomorrow as it is a national holiday.
c) She was absent as her cold was worse.
d) John’s family is very happy as he has been awarded a scholarship.
e) She didn’t buy it as the price was too high.
f) It was difficult to see the road as it was raining.
 It is …….that (who, which)
‘…it is the judges who decide which customs will be recognized as
enforceable at law.’
Preparatory it is used in cleft sentences. In this case, the words to
be emphasized are usually joined to the relative clause by that. Compare:
The judges decide which customs will be recognized as enforceable at
law. It is the judges that (who) decide which customs will be recognized
as enforceable at law.
Exercise 3 Transform these sentences according to the model
and translate them into Russian. Emphasize the
words in bold.
Model: The Committee made 81 recommendations. It was 81 recom-
mendations that the Committee made.
a) The Law Commission recommended that two new offences should
be created.
b) Until 1971 very serious criminal cases were dealt with by High
Court judges.
c) An adult offender may be given a suspended prison sentence of
up to two years.
d) This had the effect that the law became uniform or ‘common’ through
the country, and the phrase ‘common law’ seems to have developed
from here.
 it was not until …. that
‘…but it was not until … 1066 that a more organized system of
courts emerged.’
Time expressions can be emphasized with It was not until… that.
It was not until I met you that I knew real happiness.

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Exercise 4 Reword the following sentences using it was not until
… that.
Dates to remember (Constitutional law)
1. In 1999 considerable legislative powers were devolved to a Scottish
Parliament and deliberative powers to a Welsh Assembly.
2. In October 2000 the Human Rights Act 1998 came fully into force.
3. James Madison introduced the proposed Bill of Rights in the House
of Representatives in June 1789.
4. Congress approved 12 amendments and sent them to the states for
ratification in September 1789.
5. The Supreme Court convened for the first time in February 1790.
6. Virginia ratified the Bill of Rights, and 10 of the 12 proposed amend-
ments became part of the U.S. Constitution in December 1791.

 have + object + infinite

‘The nobles ….were encouraged to apply to have the King (or his
judges) decide the matter.’
The structure have+object+infinitive is used to talk about giving
instructions or orders.

Exercise 5 Choose the incorrect word or phrase and correct it.

a) The manager had everybody to fill out a form.

b) They had their lawyer changing their will.
c) Our English teacher had us to be given oral reports.
d) Mary has everyone doing her share around the house.
e) Psychologists believe that incentives having us want to increase our
productivity.

COMPREHENSION CHECK

Exercise 1 Answer the following questions?

1. What is the period of local justice?

2. What is meant by ‘custom’?
3. What is the difference between a custom and a law?
4. What is the difference between local and general customs?
5. What is the emergence of the common law?

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Exercise 3 Explain and extend the following statements.

a) The body of law which at present applies in England and Wales

developed very gradually over a long period.
b) Drawing upon many different sources, the English common law
system finally emerged and has become the basis of law not only
in this country but also in the United States and in many Common-
wealth countries.

DISCUSS

It is important to understand the difference between statutory law

and common law.

3. EQUITY
With righteousness shall he judge
the world: and the people with equity
Prayer Book

Historically this was an important source and it still plays a part today
with many of English legal concepts having developed from equitable
principles. The word ‘equity’ has a meaning of ‘fairness’ and this is the
basis on which it operates, when adding to English law.

3.1. The development of equity

Equity developed because of problems in the common law. Only

certain types of case were recognised. The law was also very technical;
if there was an error in the formalities the person making the claim would
lose the case.
Another major problem was the fact that the only remedy the common
law courts could give was ‘damages’ – that is an order that the defendant
pay a sum of money to the plaintiff by way of compensation. In some
cases this would not be the best method of putting matters right between
the parties. For example in a case of trespass to land, where perhaps the
defendant had built on his neighbour’s land, the building would still be there

96
and the plaintiff would have lost the use of that part of his land. In such
a situation the plaintiff would probably prefer to have the building removed,
rather than be given money in compensation.
People who could not obtain justice in the common law courts appealed
directly to the King. Most of these cases were referred to the King’s
Chancellor, who was both a lawyer and a priest, and who became known
as the keeper of the King’s conscience. This was because the Chancellor
based his decision on principles of natural justice and fairness, making
a decision on what seemed ‘right’ in the particular case rather than on the
strict following of previous precedents. He was also prepared to look
beyond legal documents, which were considered legally binding by the
common law courts, and to take account of what the parties had intended
to do.
To ensure that the decisions were ‘fair’ the Chancellor used new
procedures such as subpoenas, which ordered a witness to attend court
or risk imprisonment for refusing to obey the Chancellor’s order. He also
developed new remedies which were able to compensate plaintiffs more
fully than the common law remedy of damages. The main equitable
remedies were: injunctions, specific performance, rescission and recti-
fication. These are all still used today.
Eventually a Court of Chancery under the control of the Chancellor
came into being which operated these rules of fairness or equity. Equity
was not a complete system of law; it merely filled the gaps in the common
law and softened the strict rules of the common law.

3.2. Conflict between equity and common law

The two systems of common law and equity operated quite separately,
so it was not surprising that this overlapping of the two systems led to
conflict between them. One of the main problems was that the common
law courts would make an order in favour of one party and the Court of
Chancery an order in favour of the other party. The conflict was finally
resolved in the Earl of Oxford’s case (1615) when the King ruled that equity
should prevail; in other words, the decision made in the Chancery court
was the one which must be followed by the parties. This ruling made the
position of equity stronger and the same rule was subsequently included
in section 25 of the Judicature Act 1873.

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 3.3. The relevance of equity today
Equitable rights, interests and remedies remain important in the law
today. Concepts such as mortgages and trusts are founded on the idea that
one person owns the legal interest in property but has to use that property for
the benefit of another. This other person is said to have an equitable interest
in the property. It is difficult to imagine life today without mortgages –
the vast majority of homeowners buy their property with the aid of a mort-
gage. Trusts are widely used in setting up such matters as pension funds,
as well as within families when property is settled on younger members
of the family or between husband and wife.
3.4. Modern use of equitable remedies
Equitable remedies are still important and used in a variety of circum-
stances.
For example, injunctions are often ordered in cases of domestic violence
as a protection for the abused partner. Such an injunction often forbids the
violent partner from entering the premises where the other partner is living
or even going with a certain distance of the place. Injunctions are also
used to prevent trespass to land or to prevent excessive noise, or smoke
or other nuisances. They are used in employment law in various situations.
For example a former employee can be prevented from disclosing trade
secrets to anyone, or an injunction may be granted against a trade union
to prevent unlawful industrial action.

WORDS AND PHRASES YOU NEED TO KNOW

1. equitable adj (just)

equity case n case concerning asking for court action to prevent a wrong
or end a wrong being done
2. remedy n 1) the means of enforcing a right or preventing a wrong;
2) money to be paid to a person as compensation for his loss or injury
3. equitable remedy n a nonmonetary remedy, such as an injunction or
specific performance, obtained when monetary damages cannot ade-
quately redress the injury
4. appeal v (to) seek review from a lower court’s decision by a higher
court; appeal n
5. lawyer n one who is licensed to practice law

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6. precedent n use or former customs or decisions as a guide to present
actions
7. binding adj legal
8. procedure n the judicial rule or manner for carrying on a civil lawsuit
or criminal prosecution
9. subpoena n a writ commanding a person to appear before a court,
subject to a penalty for failing to comply; subpoena v
10. rectification n a court’s equitable correction of a contractual term that
is misstated
11. specific performance n a court-ordered remedy that requires precise
fulfillment of a legal or contractual obligation when monetary damages
are inappropriate or inadequate, as when the sale of real estate or a rare
article is involved
12. rescission n cancellation of a contract and the return of the parties to the
positions they would have occupied if the contract had not been made
rescind v put an end to a law, agreement etc
13. mortgage n 1) an agreement to borrow money, especially so as to buy
a house, and pay interest on it to the lender over a period of years
2) the amount lent on a mortgage 3. the amount of interest paid on
a mortgage
mortgage v borrow money from a bank
14. trust n 1) an arrangement for holding and controlling of a property or
money for advantage of someone else 2) responsibility
15. trespass n most often connotes a wrongful interference with the posses-
sion of property and is applied to personal property as well as to land.
trespass v to go onto someone’s private land without their permission
16. injunction n an equitable remedy in the form of a court order that
requires a party to do or refrain from doing specific acts. A party that
fails to comply with an injunction faces criminal or civil penalties,
including possible monetary sanctions and even imprisonment.

Exercise 1 Read the following sentences, notice carefully the

active words in bold, and translate the sentences
into Russian.
Equitable
1. (Mistakes of fact which render a contract void.) Where there is a mistake
as to the subject-matter, but the mistake is not so fundamental as to
render the contract void, the court may nevertheless allow one party

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 the equitable remedy of rescission, that is the right to have the contract
set aside if he so wishes.
2. It was an equitable solution to the dispute.
3. Historically this was an important source and it still plays a part today
with many of our legal concepts having developed from equitable
principles.
Remedy
1. The principal remedy in tort is an award of damages to compensate
the injured party for the loss he has suffered.
2. The law provides no remedy for this injustice (= cannot put it right).
3. Another major problem was the fact that the only remedy the common
law courts could give was ‘damages’ – that is an order that the defendant
pay a sum of money to the plaintiff by way of compensation.
Appeal
1. After a case has been heard in court or in a tribunal, one of those
involved may decide that it has not been conducted fairly. If so they
may decide to appeal to a higher court to have the case retried.
2. If the appeal is allowed, then it is heard in a higher court. So, for
example, a case that was originally heard in a Magistrates’ Court,
will be heard on appeal in a Crown Court. Crown Court cases go
to the Court of Appeal; and Court of Appeal cases go to the Supreme
Court. There is a parallel route for civil cases.
3. People who could not obtain justice in the common law courts appealed
directly to the King.
Lawyer
1. A lawyer is someone who makes sure he gets what’s coming to you.
(Anonymous)
2. In English law there is a traditional distinction between the two main
types of lawyer you could consult: in the past if you wanted someone
to speak on your behalf in court you went to a barrister; otherwise
you went to a solicitor. Today things are more complex. Solicitors
have the right to plead a case in certain courts, and trained paralegals
conduct a lot of the business formerly done by solicitors.
3. Most of these cases were referred to the King’s Chancellor, who was
both a lawyer and a priest, and who became known as the keeper of
the King’s conscience.

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Precedent
1. For a system of precedent to operate effectively it is essential that
the reasons for decisions of past cases are properly recorded.
2. The Queen has broken with precedent by sending her children to
ordinary schools.
3. This was because the Chancellor based his decision on principles of
natural justice and fairness, making a decision on what seemed ‘right’
in the particular case rather than on the strict following of previous
precedents.
Binding
1. A past decision is binding only if the legal point involved is the same as
the legal point in the case now being decided.
2. The contract is binding on everyone who signed it.
3. He was also prepared to look beyond legal documents, which were
considered legally binding by the common law courts, and to take
account of what the parties had intended to do.
Subpoena
1. The defence has subpoenaed three witnesses.
2. James was subpoenaed as a witness.
3. To ensure that the decisions were ‘fair’ the Chancellor used new
procedures such as subpoenas, which ordered a witness to attend court
or risk imprisonment for refusing to obey the Chancellor’s order.
Rescission / rescind
1. Any misrepresentation, even innocent, will give the other party a right
to rescind the contract, that is, to end it if he so wishes.
2. Since rescission is an equitable right, it must be exercised reasonably
promptly.
3. The main equitable remedies were: injunctions, specific performance,
rescission and rectification. These are all still used today.

Mortgage
1. My mortgage is with a small building society.
2. He’s having a lot of trouble paying his mortgage every month.
3. This other person is said to have an equitable interest in his property.
It is difficult to imagine life today without mortgages – the vast majority
of homeowners buy their property with the aid of a mortgage.

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Trust
1. The money will be held in trust for you until you are 21.
2. The children have been placed in my trust.
3. Trusts are widely used in setting up such matters as pension funds, as
well as within families when property is settled on younger members
of the family or between husband and wife.

Trespass
1. Leo erects a fence that inadvertently crosses adjoining property. He
trespasses on that property and is responsible for all damage that
results from his action.
2. The English word ‘trespass’ means to enter privately owned property
or land without permission.
3. Injunctions are also used to prevent trespass to land or to prevent
excessive noise, or smoke or other nuisances.

Exercise 2 Fill the spaces in the following sentences with a suit-

able expression from Exercise 1.

a) She was arrested for … on government property.

b) If the accused is found guilty, then he or she may have the right
to … … the next court.
c) This course of action is quite without … . (= has never happened
before).
d) The money your father left you will be held … … until you are 21.
e) The award of … remedies still remains partly at the discretion of
the court.
f) It is undesirable for a contract to remain voidable for too long,
because this leads to uncertainty as to the ownership of the property.
If he delays unduly, therefore, the innocent party will lose his right
to … , and be left to sue for damages.
g) We … our house to start Paul’s business.
h) A … contract must be obeyed.
i) A barrister is a … who has qualified and gained the right to present
a case in any court.
j) If the claimant is successful in proving his case, there are several …
which the judge may grant.

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Exercise 3 Find in the text English equivalents for the following
Russian words and expressions:
право справедливости; справедливые средства судебной защиты;
принципы справедливости; справедливые права; справедливые
интересы; суды права справедливости (суды, решающие дела на
основе права справедливости); суды, применяющие общее право;
ответчик; истец; возмещение убытков; нарушение владения
недвижимостью с причинением вреда; апеллировать; адвокат;
устранение повреждений; принципы естественного права; пре-
цедент; юридический документ; судопроизводство; юридически
обязательный; судебный запрет; исполнение в натуре (реальное
исполнение, судебное решение об использовании судебных обя-
зательств); аннулирование (расторжение) договора; внесение по-
правки (ректификация); канцлерский суд; вызов в суд; повестка
свидетелю о явке в суд; судебный акт; ипотека; доверительная соб-
ственность; значимость справедливости; установленные законом
проценты; бытовое насилие.

Exercise 4 Translate the following sentences into English.

1. Принципы и нормы права справедливости во многом отлича-

ются от принципов и норм общего права.
2. Решения в суде права справедливости принимаются на основа-
нии усмотрения суда, а не на основании абстрактных норм общего
права.
3. Среди важных достижений английского суда в области форми-
рования права справедливости называют особые средства судебной
защиты. К наиболее важным из них относятся судебные запреты,
реальное исполнение, ректификация и аннулирование.
4. Судебные запреты – это распоряжения суда, согласно которым
соответствующее лицо или орган обязываются воздержаться от со-
вершения определенных действий или приостановить их, если они
уже совершаются.
5. Ректификация, или устранение ошибки, как мера судебной
защиты в праве справедливости, представляет собой по существу раз-
решение суда внести соответствующие поправки в тот или иной до-
кумент, чтобы его текст правильно отражал действительные намерения
сторон, участвовавших в составлении документа.

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 6. Аннулирование представляет собой официальное подтвержде-
ние отказа от соглашения (обычно от контракта) и предполагает вос-
становление первоначального состояния сторон.

SPECIAL PROBLEMS YOU NEED TO KNOW

 only
‘Only certain types of cases were recognized’
Adverbs of variable position, like ‘only’, nearly’, ‘just’ may be placed
immediately in front of particular words when emphasizing them.
Examples: He lent it only to me (= not you)
He only lent it to me (= didn’t give it)

Exercise 1 Read the following sentences, putting in the given

adverb.

a) He is a little boy (only), but he broke the window with his ball
(nearly).
b) He isn’t late, but he was last time (nearly).
c) You can never prove it to be true because it isn’t so (just).
d) I am going for a walk (just).
e) Mary can swim now (nearly).
f) She has come in (just).
g) Civil cases have to be proved ‘on the balance of probabilities’ (only).
h) So far we have considered some divisions of law, and briefly dis-
cussed what is meant by law in general terms (only).
i) Local customs are an exception to the general law of the land, and
will operate in that particular area (only).

 Importance – subjunctive verbs

‘… the King ruled that equity should prevail’
Remember that the following verbs are used before that, (should) and
the verb word clause to express importance.
ask propose
demand recommend

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 desire request
insist suggest
prefer urge
rule order

Exercise 2 Choose the incorrect word or phrase and correct it.

a) The doctor suggested that she will not smoke.

b) I propose that the vote is secret ballot.
c) The foreign student advisor recommended that she studied more
English before enrolling at the university.
d) The law requires that everyone has his car checked at least once
a year.
e) She insisted that they would give her a receipt.
f) Less moderate members of Congress are insisting that changes in
the social security system are made.

 Importance – nouns derived from subjunctive verbs

‘… that is an order that the defendant pay a sum of money to the
plaintiff by way of compensation’.
Remember that the following nouns are used in this pattern:
demand recommendation
insistence request
preference requirement
proposal suggestion
rule order
The recommendation that we (should) be evaluated was approved.

Exercise 3 Choose the incorrect word or phrase and correct it.

a) He complied with the requirement that all graduate students in

education would write a thesis.
b) The committee refused the request that the prerequisite shall be
waived.
c) She ignored the suggestion that she gets more exercise.
d) The terrorist’s demand that the airline provides a plane will not be
met by the deadline.

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 e) He regretted not having followed his advisor’s recommendation
that he dropping the class.
f) It is the recommendation of many psychologists that a learner to use
mental images to associate words and remember names.

COMPREHENSION CHECK

Exercise 1 Answer the following questions.

1. What does the word ‘equity’ mean?

2. What is the development of equity?
3. What is the role of Chancery courts in creating Equity law?
4. What are the main equitable remedies?
5. Do equitable remedies remain important in the law today?
6. What was the conflict between equity and common law based on?

Exercise 2 Do you agree or disagree with the following state-

ments?

a) Equity and common law have separate functions and operate in

different courts.
b) It is important to understand the differences between equity and
common law.

Exercise 3 Explain and extend the following statements.

a) Equity law is law created by the Chancery courts under the control
of Lord Chancellor to ‘fill the gaps’ in the common law. Although
equity prevails over common law, equitable remedies are dis-
cretionary.
b) Equity was not a complete system of law; it merely filled the gaps
in the common law and softened the strict rules of the common
law.

DISCUSS

Modern use of equity today.

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