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 simple guidelines of law. It is stated that equity is not a physique of jurisprudence acting contrary to law but is rather a supplement to law. It is a effectively identified rule that equity follos the analogies of law. The equity came not to destroy the law but to fulfit it, to supplement it, to clarify it. Equity respect each and every word of law.
Which means Equity is intended to supplement the law and not to supersede it.
Case law Cowper vs. Cowper 1734, 2P WNS 720 The discretion of the court is to be governed by the guidelines of law and equity which are not oppose but every single in tur to be subservient to other, this discretion in some situations 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.
Application It has application in the following two elements.
1. As to legal estates, rights and interest: As regards legal estates, ideal and interests, equity was and is strictly bound by the guidelines of law and it has no discretion to deviate there from. Equity does not permit an unfair use to be produced of legal rights so equity follows in regard to the rule of primogeniture.
Case Law Strickland vs. Aldrige 1804
It was held exclusion of the younger member of a family members from house according to the rule of primogeniture does not produce any unique situations entitling to a relief at equiry, simply because the eldest son gets only what he is entitled to get in law.
two. As to Equitable rights and interest: In lots of situations, equity acts by analogy to the guidelines of law in relation to equitable titles and estates. Equitable estates are guided by the guidelines of decent as legal estate.
- Essential elements of maxim: Following are the two essential elements of this maxim.
- Equity adopts and following the guidelines of law in all situations exactly where applicable.
- Equity follows the analogy of law
- Exceptions: Following are exceptions
i. Exactly where a rule of law did not especially apply. ii. Exactly where even by analogy the rule of law did not apply, equity formulated and applied it, personal guidelines.