The common law and equity systems of jurisprudence Essay

The common law and equity systems of jurisprudence - Essay Example The other contribution of equity law was supplementation of common law with such concepts as injunctive relief, the trust and specific performance. The Chancellor implemented the policy of the Statute of Laborers and made decisions concerning occupational competency like negligent activity of carriers, builders, shepherds, etc. The inability of the common law to address damages due to faulty work resulted in the Chancellor’s competence in the issues of loss of wool, dead lambs, and damaged sheep. (Reilly) The majority of suits reviewed in equity court were disputes over land property involving family members. The case was initiated by the plaintiff who filed a bill of complaint which is a petition to the chancellor or an equity court. The answer followed from the defendant. The plaintiff continued with a replication while the defender answered with a rejoinder. This pleading process might continue further or may be finished a bill filing stage. In the equity court the main evidence was not an oral testimony but a written deposition based on interrogatories. (Wikipedia) The Chancellor performed the roles of both a judge and jury. So he had the right to decide cases without a jury. Unlike the common law, the Chancellor as a judge and often as a religious person relied on circumstances of cases and his conscience but not to a set of rules. Term "equitable claim" contains broad moral sense based upon general equitable considerations rather than a strict meaning of the claim involving consideration of principles of right and justice. (Equity)

Subway Franchise Essay Example | Topics and Well Written Essays - 1000 words

Subway Franchise - Essay Example Furthermore, it provides incremental income for the franchisor through royalty payments. Another advantage of the franchise concept is that it makes possible a faster expansion program for the franchisor supported by motivated distributors in the person of the franchisees (Om Sai Ram Center for Financial Management Research, 2006). The franchisees stand to benefit too from a franchise agreement. The franchisee gets to experience entrepreneurial autonomy using a proven concept, often with extensive recognition of the brand name (Om Sai Ram Center for Financial Management Research, 2006). The franchisee also benefits from the training programs provided by the franchisor, coupled with continuing supervision of the store. Although there are advantages to owning a franchise, franchisees are faced with disadvantages too. Decision-making is quite limited since the franchisee should follow the guidelines set by the franchisor (Om Sai Ram Center for Financial Management Research, 2006). In te rms of purchasing, the franchisee is forced to purchase supplies and equipment from the franchisor even if they are more expensive compared to other sources. They cannot carry other products and they must adhere to the quality standards of the franchisor. Moreover, most franchise agreements are skewed towards the franchisor. ... The three (3) resources that helped one decide which franchise to operate are: A. â€Å"View From the Top† by Nichole L. Torres (2005). This article delves into the reasons why Subway has been consistently in the top franchise list. It talks about how Subway values their franchisees, always making sure that they grow their market share. The article also points out that the entrepreneurial spirit of Subway’s franchises is a major strength of the company. B. â€Å"Subway Hits the Spot† by Dennis Romero (2009). The article discusses the attractiveness of owning a Subway franchise. It tells about how Subway has survived the economic downturn and how this downturn has helped boost its sales. The article points out that one strength of Subway is the upward flow of ideas from its franchisees. C. â€Å"Top 100 Global Franchises Ranking† by Franchise Direct (2012). This site was helpful in helping one decide which franchise to choose. It presented a list of the top 100 global franchises. It gave information about the initial investment needed to obtain the Subway franchise. It also showed that Subway occupies the number one spot in the Top 100 Global Franchises. It presented the support services that one can expect from a Subway franchise. These three resources have influenced one from choosing the Subway franchise. They have given an overview of how the Subway company operates. The articles discuss the strengths of the company and the reasons why it has survived despite the economic slowdown. The reports have extensive information about Subway’s success formula. Choosing a Subway franchise has several advantages. Foremost among this is that Subway is one of the world’s largest restaurant chains. Subway is a very popular brand all over the world; thus, it would not be