Whats the difference between the Common Law and Equity?
First do not rely on anyone who replies using wikiepedia as the information on the site is not reliable. Common law is how the courts have interpreted the law and their decisions being reported. In the US the Courts have latitude in creating their own law in order to ‘fill the gaps’ that are left by the laws or striking down laws. However in the UK the Courts interpret the law and does not make their own law. Equity is when after the Common Law has applied the rules and the ruling does not make sense it goes to equity. Equity is not a right but an option. A common example of a case going to equity involves the sale of land and having the judge order the sale. Injunctions are another example of equity decisions due to the fact that damages may not address the issue.
