Introduction To The Maxim
Equity is a law which is introduced to provide justice or appropriate remedy , if , apply any conservative law would cause injustice Or When Common law have no remedy for any wrong , the main Purpose of law and equity is to provide justice the ultimate object of both are to provide justice. Equity law is not against common law or any procedure of common law it follows all the procedure and rule of common law it only come into action when there is some important circumstances disregarded by the common law rules that equity interferes.
Meaning Of The Maxim
Equity is not body of rules which is acting contrary to law but it is supplementary to the common law.
In other words both have same object that is justice , when there is difference opinion between common law and equity court then common law will prevail because equity is applied for adequate remedy .
The well known jurist Maitland has of the View
We are not supposed to think of common law and equity as of two rival systems. Equity had come not to destroy the law , but to fulfill it, Every tittle of law was to be obeyed , but when all this had been get something might be needful , something that might be needful something that equity would require
Equity is Supplementary To Common Law
Equity is supplementary to law , it is understood in the following aspects
Equity adopts and follows each and every rule of common law , in all cases where applicable
Equity follow the analogies of law
Application And Cases Related To The Maxim
Stickland Vs Aldrige
At common law where a person intestate leaving sons and daughters ,under the common law the eldest sons was entitled to the whole of the land to the exclusion of his younger brothers and sisters. This was undoubtedly unfair to the younger sons an daughters , While equity following the law granted them no relief , but this case is was held that if the son had induced his father not to make will by agreeing to divide the estate with his brothers and sister after he had inherited it , the estate was decided in favour of the eldest son , who refused to make the conveyance , in that situation equity would have interfered and compelled him to carry out his promise , because it would have been against conscience to allow the son to have been against conscience to allow the son to keep the benefit of a legal estate . which he obtained by reason of his promise . This decision was held in Stickland VS Aldridge case
Thus it could be concluded that equity does follow the law but does not allow an unfair use to be made of legal rights.
Limitation Act Section 18 is Based Upon This Principal
Which Provided that if a person has not been able to exercise his right to file a suit within the period o limitation and his failure was due to the fact that the other person had fraudulently kept him an ignorance of his right then in that case limitation would commence from the date of his knowledge.
Registration Act Section 50 Is Based On this Principal
It provides that a registered deed will have priority over an unregistered deed relating to the same property. But equity makes an exception that in case of a subsequently registered instrument if the person in whose favour the subsequent registered instrument was made had notice of the previous unregistered instrument he will not have any priority
Concluding Remarks
To Conclude we would say equity is not come to destroy the law but it has come to assist the law to achieve its basic object of giving justice .
Equity Follows The Law For Video Lecture
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