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Thread: Q. Equity follows the law? Explain. (1998,1999,2000,2004,2005)

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    Oct 2010

    Word Icon 35px Jpg.ashx Q. Equity follows the law? Explain. (1998,1999,2000,2004,2005)

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    1. Introduction:
    Equity has no clash with law neither it overrides the provisions of law. nor it is the enemy of law. it adopts and follows the basic rules of law. it is said that equity is not a body of jurisprudence acting contrary to law but is rather a supplement to law. it is a well knows rule that equity follows the analogies of law. the equity came not to destroyy the law but to fulfit it, to supplement it, to explain it. equity respect every word of law.
    2. Meaning:
    Equity is intended to supplement the law and not to supersede it.
    3. Case law:
    Cowper vs. Cowper 1734, 2P WNS 720
    The discretion of the court is to be governed by the rules of law and equity, which are not oppose, but each, in turn, to be subservient to the other, this discretion, in some cases, follows the law implicity, in other assists it and advances the remedy; in other against it relieves against the abuse, or allays the rigour of it but in no case does it contradict or overturn the grounds of principle thereof.
    4. Application:
    It has application in the following two aspects.
    I. As to legal estates, rights and interest:
    As regards legal estates, right and interests, equity was and is strictly bound by the rules of law and it has no discretion to deviate there from. Equity does not allow an unfair use to be made of legal rights so equity follows the in regard to the rule of primogenitur.
    Case law
    Strickland vs. Aldrige 1804

    It was held exclusion of the younger member of a family from property according to the rule of primogenture does not create any particular circumstances entitling to a relief at equity, because the eldest son gets only what he is entitled to get in law.
    II. As to equitable rights and interest:
    In many cases equity acts by analogy to the rules of law in relation to equitable titles and estates. equitable estates are guided by the rules of decent as legal estate.
    5. Important aspects of maxim:
    Following are two important aspect of this maxim.
    (i) Equity adopts and following the rules of law in all cases where applicable.
    (ii) Equity follows the analogy of law.
    6. Exceptions:
    (i) Where a rule of law did not specifically apply.
    (ii) Where even by analogy the rule of law did not apply, equity formulated and applied it, own rules.
    7. Conclusion:
    To conclude i can say that equity always follows the law in the sence of obeying it and conforming to its general rules and policy whether contained in common law or statue law. the rules of equity can can not override the specific provisions of law.

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