Premium Essay

Equity Follows the Law

In: Social Issues

Submitted By bookeater
Words 1570
Pages 7
Equity follows the law. Discuss

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 against the law but rather a supplement to law. it is a well-known rules that equity follows the analogies of law The equity came not to destroy the law but to fulfil it , to supplement it , to define it .Equity respects every word of law. Equity is intended to supplement the law and not to supersede it. Maxims of equity are principles developed by the English Court of Chancery and other courts who have administered equity jurisdiction, including the law of trusts. They were expressed in Latin but are translated into English. The role of the maxims is simple , they are general principles which can be deviated from specific cases.
“He who comes into equity must come with clean hands.” This is one of the many maxims of equity. This maxim “bars relief”* that anyone guilty of improper conduct in the matter at hand .It operates to prevent any affirmative recovery* for the person with “dirty hands” no matter how unfairly the person’s adversary has treated him or her . The maxim’s purpose is to protect the integrity of the court. This rule is not meant to punish carelessness or a mistake .Another notable maxim is “Equity looks on that as done which ought to be done” , this maxim means that when individuals are required , by their agreements or by law to perform some act of legal significance , equity will regard that act as having been done as it ought to have been done , even before it has actually happened. Another maxim says “Equity will not complete an imperfect gift” which explains that if a donor has made and imperfect gift namely lacking the formalities required at common law , equity will not assist the intended donee*, this...

Similar Documents

Premium Essay

Maxim Follows Law

...Question 1: Explain the maxim “Equity follows the law”. Meaning Equity: An English law that was developed hundreds or years ago, this law was created as people would complain to the king that the common law was harsh and prevented justice from prevailing. Equity is constructed on a judicial estimate of fairness as opposed to the inflexible and harsh rules of the common law. When finding a solution to an issue or problem in equity, the court of equity will first always seek the legal position, and then take their lead from the common law. The maxim ‘Equity follows law” supports the fact that a court of equity has no intent to override the common law., but simply works as a supplement to the common law, the maxim clearly states that equity will not allow a remedy that conflicts with law. Cases The following case is an excellent example on how equity follows the law. Graf v. Hope Building Corporation Mr. Graf was given a mortgage on the Hope Corporation’s property. Hope was required to pay quarterly payments of interest to Mr. Graf. The bookkeeper for Hope discovered that she accidently sent a check for a particular quarterly interest payment that was $400 short. Mr. Graf was then immediately notified of the mistake and was told by the bookkeeper that the issue will be resolved as soon as the president of Hope returns from holiday, as he is the only individual authorized to sign checks for Hope Corporation. When the president of Hope Corporation......

Words: 429 - Pages: 2

Free Essay

Law Equity

...USIU BUS 3010 BUSINESS LAW EQUITY The Maxims of Equity Maxims of Equity— As we have seen in the last chapters, the Courts of Chancery were governed by the principles of Equity. The Equity, again we have seen earlier, is not a single system of law bat a collection of appendices, But the principle of Equity which were followed by the Court of Chancery, while giving equitable reliefs, were not arbitrary. On the other -hand they were based upon those principles of right and obligation which have Juridical relation with aid application to the events aid transactions of society. Many of these general principles constituting the ultimate sources of equitable doctrines are enbodied in its twelve mixims of Equity. - . According to Salmond, “Maxims are proverbs of the law and provide useful means for the expression of leading doctrines of the law in form which is brief and intelligible. According to Prof. Hanbury, “They are the fruit of observation of developed doctrine and the ideas embodied in them are far older than their articulate expression.” The twelve Maxims of Equity which embodied the principles of Equity justice are as under: 1) Equity will not suffer a wrong without a remedy. 2) Equity follows the law. 3) Where equities are Equal, the law shall prevail. 4) Where the Equities are equal, the first in time shall prevail. 5) He who seeks Equity must do Equity. 6) He why comes to Equity, must come with clean hands or He that...

Words: 316 - Pages: 2

Premium Essay

Common Law

...The term "common law" has it's origins in England in the 11th century. Even today in the US, some common law principles from the original English law are applicable while alongside it is the growing body of common law which is being set as a part of stare decisis i.e. the judicial systems decisions and interpretation of statutory law provisions by judges, are becoming a part of the common law. Other judges look to these decisions as a guideline or as a necessary precedent to follow, while making their own decisions. There are both advantages and disadvantages to a legal system based on common law or precedent-based. Advantages: i) Equity: One of the arguments in favor of a common law system is that equity is a characteristic of this system. As the precedents are followed in all cases, all people are treated equally. The same legal principles are applied to all people irrespective of their position or wealth or power, which may be a factor in some countries. So this system of following precedents which already been set previously tends to bring equity and fairness in its wake. ii) Expedient: As these decisions are based on previous judgments, it's more convenient to follow this process through. People know what to expect; there is an element of predictability. The process is easier and more practical as there are no fixed, lengthy rules but real situations that have already been resolved. iii) Efficient: As there is already a basis on which the judgment......

Words: 456 - Pages: 2

Premium Essay

Law01-Self Made Notes

...Chapter 1: Introduction to Legal System What is Law? * Natural law theorists – only good rules are considered law * Legal positivists – rules enacted by those with authority to do so * Legal realists – rules Courts willing to enforce Categories of Law * Substance Law v Procedure Law * Private Law v Public Law * Common Law v Civil Law Origins of Law 3.1. Common Law Legal System * Precedent: Follow the previous similar case * Stare decisis: let the precedent stands * Advantages: consistency, predictability, without sacrificing flexibility * Binding: (1) same jurisdiction Or (2) Higher Courts 3.2. Civil Law Legal System * Judges followed codes (Napoleonic Codes) Sources of Law Common Law * Traveling Court Law Merchant | NI: such as Promissory note and cheques | Canon Law | Will, Estate | Church Law | Family Law | Equity * Courts of Chancellor or Equity: arising due to the rigidity of Common Law. To relief and Satisfaction * Examples: specific performance and injunctions * Courts of Equity merged with Common Law Courts in around 1875. Statute * Parliament enacted Bills, with Royal consent becomes Statutes * Court cannot override but judges can: i. Interpret the law (whether violate constitutions) and determine the scope of applications ii. Identify special factors and distinguish different facts (judge-made laws) Law in Canada Constitution Act 1867 | Constitution Act 1982 | ...

Words: 717 - Pages: 3

Premium Essay

Sources Of Law In Malaysia

...a) Sources of law is the authority from which the law derives their forces. It also can define as legal rules that make up the laws in Malaysia. The sources of law in Malaysia can be divided into two types, which are written laws and unwritten laws. Written law is the law that has been enacted by the legislature or constitutions while unwritten law is the law that has not been enacted by any legislature or constitutions. Written law consists of three sources, which is Federal and State Constitution, Federal and State Legislation, and Subsidiary Legislation. Firstly, Federal Constitution is the supreme law of the land of the country by virtue of Article 4 of said constitution; any laws passed after Merdeka Day which is inconsistent...

Words: 1263 - Pages: 6

Premium Essay

Classifications of Law

...Classification of Law 1. Civil law and Criminal law……………………………………………………….. 2 2. Sources of Law ……………………………………………………………… 3-8 I. Common Law ……………………………………………………… 3-5 II. Common Law and Equity ……………………………………………… 5-7 III. Statute Law ……………………………………………………………… 7-8 Conclusion ……………………………………………………………………………… 8-9 Bibliography …………………………………………………………………………….... 10 Introduction According to the statement on p.25 in Antoine’s book, Commonwealth Caribbean Law and Legal Systems, there is no general agreement as to how legal systems should be classified. Some writers emphasize a socialist legal tradition; others are concerned with technical differences while some also place more importance on the sources or origins of the law and its structure and methods. Source The socialist legal tradition has its historical origin in the Bolshevist Revolution of 1917 initiating the international and economic order known as Socialism or communism. The main legal distinguishing feature between socialist tradition and the common law or Romano- Germanic tradition is ideology. The socialist argue that law cannot be isolated from the social political and economic order within which it operates, making these elements fundamentally important in determining the type of legal system in existence. The Socialist legal tradition therefore embodies its original meaning aimed at achieving a communist state Rose-Marie Belle Antoine Commonwealth Caribbean Law and legal......

Words: 2909 - Pages: 12

Premium Essay

Equity and Equality

...Professor Black English 1101 9 Nov 2013 Equality Vs. Equity: People and The Law Throughout the history of mankind and specially in modern times, many struggles emerged from people’s suppressed anger and hatred of the feudalism and the ruling monopolistic powers, and in their effort to create a system most suitable to their wants and desires and what they take as “values” and “rights” they stumbled on what is to this very day one of the most important and complicated dilemmas of human philosophy: how do we choose between equality and equity? What is the better choice? Do we prefer similarity or justice? And many questions as such, and as other ideas and ideologies go, it remains a major dispute among masses and masses of workers, farmers, countrymen as well as land owners, businessmen and politicians alike, and in many ways it is quite normal, the essence of both those ideas appear the same and are often put in the same category, but in reality they very far from each other on many levels and points of view and they represent systems that do show resemblance but are almost entirely different in functionality and order. Nancy Kranich; Based upon Jorge Schement, "Imagining Fairness: Equality and Equity of Access in Search of Democracy," in Nancy Kranich, Libraries and Democracy, Chicago, IL: American Library Association, 2001: 15-27. Nancy Kranich’s education is as follows: MA, Library Science, University of......

Words: 1001 - Pages: 5

Premium Essay

Equity In Common Law

...According to the English dictionary equity is the quality of being fair and impartial but legally there is no proper definition for equity but it can be described up to a certain standard. It is about flexibility, justice and fairness which require discretion and uncertainty. It acts as a supplement to the common law. Such as: Land Law, Contract Law, and Tort. Equity developed due to the lack of remedies and non-fulfillment of the common law and it could be said that equity came after the birth of common law to correct the strictness and harshness of common law. Lord Chancellor who introduced the new system of justice called “Equity” in the famous case of Earl of Oxford’s Case [1615] . In that case Lord Chancellor held that, “men’s actions...

Words: 1255 - Pages: 6

Free Essay

Caricom

...to start by defining equity according to the Webster’s Dictionary as ‘a body of legal doctrines and rules developed to enlarge, supplement, or override a narrow rigid system of law’ (Marriam-Webster.com). Also maxims is defined also by Webster’s Dictionary as ‘a general truth, fundamental principle, or rule of conduct’ (Marriam-Webster.com). Therefore the maxims of equity may fairly be described as a set of general principles which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as more flexible, responsive to the needs of the individual and more inclined to take account of the parties’ conduct and worthiness. In conducting this research, it cannot be said that there is a definitive list of the maxims: different sources give different examples and some works prefer to avoid the term altogether in favour of a broader discussion of the character of equity. Above all, the maxims are applied only when the court feels it appropriate: none of the maxims is in the nature of a binding rule and for each maxim it is possible to find as many instances of its not having been applied as instances where it has been. I will give such instance, such as the role of the maxims was discussed in the case of Tinsley v Milligan [1993] 3 All ER 65, (which I will not go in detail). In the Court of Appeal a flexible approach was taken to the application of the maxim, ‘he who comes to equity must come with clean...

Words: 3181 - Pages: 13

Free Essay

Laws of Malaysia

...The laws of Malaysia can be classified into two types of laws, which are written law and unwritten law. Written laws are the Malaysia’s most important source of law. These written laws are made up of Federal Constitution, Acts of Parliament and Enactments, and subsidiary/delegated legislation. Unwritten laws are laws which are not enacted by the legislature (Parliament and State Assemblies) and not found in the constitution, both federal and state. This is known as the English common law and the rules of equity. In case, if there is no law governing a particular circumstance, Malaysian case law may apply. If there is no Malaysian case law, English case law can be applied in accordance with the Civil Law Act 1956 (Revised 1972) only in the absence of local statues on the particular subject matter. It is mean that the common law and the rules of equity can be modified and should not follow the same law as administered in England. Common law and the rules of equity can be developed and amended according to the local needs. S3(1) of the Civil Law Act 1956 statutorily provides that only the part of the English Law that is suited to the local circumstances are to be applied : I. West Malaysia - the English common law and the rules of equity and statues of general application in England as 1 December 1951. II. Sabah – the English common law and the rules of equity and statues of general application in England as at 1 December 1951. III. Sarawak – the English common law......

Words: 773 - Pages: 4

Premium Essay

Sources of Law

...SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: • The Constitution • Legislation • Delegated Legislation. • Statutes of General Application in force in England on 12th August 1897. • Substance of Common Law and doctrines of equity. • African Customary Law. • Islamic Law. • Hindu Law. • Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules and principles which constitute the law applicable in a country at a given time. In other words the materials from which rules of law are developed. KEY DEFINITIONS Bill: - a draft law or legislation Delegated legislation: - law made by parliament indirectly Ultra vires: - Latin term which means “beyond the powers” Common law: - a branch of the law of England which was developed from customs, usages and practices of the English people Stare decisis; - Latin term which means “the decision stands” Precedent: - An earlier decision of a court This chapter has shown its importance in the industry first by way of hierarchy of laws. It is this particular hierarchy that is used when there is a conflict of laws in courts. Cases like the S.M Otieno case can hold proof to this. The law making process described is also the same procedure used...

Words: 10311 - Pages: 42

Premium Essay

Common Law

...1.2.1 Common law The term common law gives rise to diffi culty as it has several meanings, so any meaning depends upon the context in which the term is used: Common law may mean the law created by the common law courts in contrast to the law created by the Court of Chancery, which was called equity. Common law may m • ean all the law created by the courts, including the law of equity, as opposed to the law created by Parliament, that is legislation. In this sense, common law may be also termed ‘judge- made’ law. • Common law may refer to a legal tradition which defi nes the English legal system and other derivative legal systems as opposed to the civilian legal tradition exemplifi ed by the systems of mainland Europe. Apart from England and Wales other examples of a common law tradition are to be found in the legal systems of the states of the United States (with the exception of Louisiana), Canada, and Australia. Common law in this sense refers to forms of law- making, particularly judge- made law, which is governed by the doctrine of judicial precedent. The characteristic feature of the civilian systems is that law is to be found in codes made by the legislature. The civilian tradition is seen in the legal systems of France and Germany. While the French law of contract is codifi ed and to be found in legislative form, the English law of contract is to be found mainly in the decisions of judges as reported in 7 Common law and equity the law reports. As......

Words: 1698 - Pages: 7

Premium Essay

Film and Music

...LAW and FREEDOM The purpose of Law and Freedom is to promote freedom under law, as we enter more lawless times. Law becomes tyrannical without freedom, and freedom becomes predatory without law. A free society under law will always be more prosperous and peaceful. There are three threats to the survival of state authority in Britain and Europe. First, economic breakdown. If the state goes bankrupt, the machinery of law disappears. This is the immediate problem. Second, welfare dependence and collapse. This is the underlying problem. Third, ethnic division, particularly between Islamic and non-Islamic society, and the violence at the heart of Islamic doctrine. This is the most visible problem, and the one that people will blame. Together, these three problems risk creating the conditions for lawless violence. Political and intellectual elites are undermining our laws and freedoms. So we need to take what action we can to preserve them ourselves. The Law and Freedom Foundation is not associated with the English Defense League ------------------------------------------------- Law Law is a term which does not have a universally accepted definition,[2] but one definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour.[3] Laws can be made by legislatures through legislation (resulting instatutes), the executive through decrees and regulations, or judges through binding precedents......

Words: 4167 - Pages: 17

Free Essay

Sources of Law

...SOURCES OF LAW 1.1 Classification of Law Law is a set of rules that control the human behaviours that is developed over a long period of time that regulates interaction that people have within one another. It is also a set of rules that humans have to follow and it set standards and conduct between *individual and individual* and *individual and the government* which is enforced by law through sanctioned. Public law Public law is a law which governs the relationship between individual and the state. Public law can be further divided into constitutional law and criminal law. - Constitutional law Body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. - Criminal Law It is a body of rules and statute that defines the conduct prohibited by the government. In Malaysia, the penal code is a main source of criminal law. It covers most criminal offenses and provides relevant penalties where relevant acts are breached .It actually codifies various acts committed by individual against the state such as murder, cheating, forgery , rape, and other criminal offenses. Common law A law that derive from case law (precedent) and statute. It is accusatorial with an emphasize remedies. It form a basic right of English law and it can be found in the U.S , other commonwealth nation including Australia, Canada, Singapore, New Zealand, parts of Africa , India and Pakistan. Malaysia derives their......

Words: 1838 - Pages: 8

Premium Essay

Law of Contract

...QUESTION 1 IF ONE OR BOTH PARTIES ENTER INTO A CONTRACT UNDER SOME MISUNDERSTANDING OR MISTAKEN ASSUMPTION, IN WHAT CIRCUMSTANCES WILL THE COURT INTERVENE TO HOLD THE CONTRACT VOID AND UNENFORCEABLE ON THE GROUNDS OF MISTAKE? In contract law, a mistake is an erroneous belief made by parties when contracting. Mistakes are not generally enforceable at the law court and are often treated as void or voidable. Mistakes are generally irrelevant, but exception to this places great emphasis on operative mistake which includes common mistake, mutual mistake and unilateral mistake. Mistakes or misunderstanding may render a contract void when the following are presents; * Mistake of the law; When a party enters into a contract, without the Knowledge of the law in the country, the contract is affected by a mistake making it unenforceable on the grounds of ignorance. Note also that the ignorance of the law is not an excuse. CASE Lydia a foreigner entered into contract with Amina in Ghana with the view that, Amina should supply heroine on a contract basis for a token of GHC 5,637,600 for every supply made. Unknowingly to Lydia that it is illegal to trade heroine in Ghana. Hence the contract is void and loses its enforceability at the law court. * Mistake of Fact; This happens where both parties enter into an agreement under a mistake as to a matter of fact essential to the agreement, the contract is declared void. For instance, ‘A’ agrees to buy a certain horse from ‘B’. It turns......

Words: 3695 - Pages: 15