Equity Follows what the law states

Equity Follows what the law states

- in Law
135
Comments Off on Equity Follows what the law states

Equity doesn’t have clash with law neither it overrides the provisions of law. Nor it’s the enemy of law. It adopts and follows the fundamental rules of law. It’s stated that equity isn’t a body of jurisprudence acting unlike law but is quite vitamins to law. It’s a well-known rule that equity follos the analogies of law. The equity came to not destroy what the law states but to fulfit it, to supplement it, to describe it. Equity respect every word of law.

Meaning

Equity is supposed to supplement what the law states and never to supersede it.

Situation law

Cowper versus. Cowper 1734, 2P WNS 720

The discretion from the court will be controlled by the guidelines of law and equity which aren’t oppose but each in tur to become subservient with other, this discretion in some instances follows what the law states implicity, in other assists it and advances the remedy in other against it relieves from the abuse or allays the rigour from it however in no situation will it contradict or overturn the causes of principle thereof.

Application

It’s application within the following two aspects.

1. Regarding legal estates, legal rights and interest:

In regards to legal estates, right and interests, equity was and it is strictly bound through the rules of law and contains no discretion to deviate there from. Equity doesn’t allow an unfair use to make of legal legal rights so equity follows regarding the rule of primogeniture.

Situation Law

Strickland versus. Aldrige 1804

It had been held exclusion from the more youthful person in a household from property based on the rule of primogeniture doesn’t create any particular conditions entitling to some relief at equiry, since the oldest boy will get only what he’s titled to go into law.

2. Regarding Equitable legal rights and interest:

Oftentimes, equity functions by example towards the rules of law with regards to equitable titles and estates. Equitable estates are led through the rules of decent as legal estate.

Main reasons of maxim:

Following would be the two main reasons of the maxim.

Equity adopts and following a rules of law in every case where relevant.

Equity follows the example of law

Exceptions:

Following are exceptions

i. In which a rule of law didn’t particularly apply.

ii. Where even by example the rule of law didn’t apply, equity formulated and applied it, own rules.

Ending Remarks:

To summarize it may be stated that equity always follows what the law states meaning of obeying it and conforming to the general rules and policy, whether found in common law or statue law. The guidelines of equity can’t override the particular provisions of law.

About the author