Maxims of equity

1. Law Of Equity Principle of Equity( Maxim) Prepared By FARAH MUNER

2. Equity Follows The Law Introduction : Equity always follows the rules of law and it does not play the its act against the law. Because equity have no clash with law. It is well known that equity follows the analogies of law. The equity does not come to destroy the law but to fulfill it, to explain it. Equity respect every word of law. Meaning : Equity respect the every word of law and its rules. Case Law: Cowper vs. Cowper 1734, 2p WNS 720 According to this case : the discretion of the court is to be governed by the rules of law and equity, which are not oppose to law. Court can not take any action against law in the base of equity and his discretion powers.

3. Basis of Maxim: It is based on “Latin Maxim” which is “Equates Sequitur Legume” . Explanation: This Maxim means that equity follows the rules of law and it is always obey the rules of law. Equity deals that cases which is based on equality and equity maintain that equality between parties, persons etc. so it helps the law to resolve the issues of persons. Ingredient Of Maxim: 1- Equity: equity maintain equality between parties, persons, members and so on. 2- Follows: the word follows means “To copy something” 3- The Law: the word law denotes the rules and so many other thing which are included in it.

4. Application/ applicable: As to legal Estates: equity does not misused of his legal estates for wrong or quality party. As to legal Rights: Equity follows the rules of law and it dose not break it and it always used it in good manner. As to legal Interest: Nobody can use it for his/her personal interest. Equity does not allow to unfair use because respect of law. Important Aspects of the maxim: There are two aspects of of this maxims which are as follows. 1- Adopts the Rules equity adopts the rules of law and it could not run against the law and it rules. 2- Analogy of Law Equity follows the analogy of law and its base.

5. Exception on this Maxim: Here are the following exception where this maxim is not apply these are as under 1 - Law did not apply: where the rule of law does not apply some case are critically different from rules of law there it not apply. 2 – Equity own Rules: Where there the rules and regulation of law are not apply then equity apply its own method or rules according to its act. Object: the object of Equity is to maintain equaity between parties according to law.

6. Connotation: All the maxims are the proverb of the law. Recognition of the maxim in P akistan: The maxim equity follows the law is well recognized in Pakistan in different provisions of law: Trust Act 5 Registration Act Limitation Act no. 18 Conclusion: At the end of this question equity always follows and apply the rules of and its analogy . It always obeying law and never goes its against whether it is common law or statue law. The rules of equity can not override the specific provisions of law.