Differences between common law and equity in Malaysia

In Malaysia, common law and equity represent two distinct systems of law that coexist within the legal system. Common law is based on the principles of English law and follows a precedent-based approach, where past decisions shape the development of the law. On the other hand, equity operates alongside common law, seeking to provide fairness and justice in situations where strict common law rules may lead to inequitable outcomes. Equity is administered by the High Court and Court of Appeal in Malaysia, while the Federal Court acts as the final appellate court for both common law and equity cases. Notably, equity allows the courts to grant remedies such as specific performance, injunctions, and equitable compensation that are not typically available in common law. Overall, the application of both common law and equity ensures a more comprehensive and flexible legal system in Malaysia.

This mind map was published on 8 November 2023 and has been viewed 93 times.