2-Equity Follows The Law

EQUITY FOLLOWS THE LAW
(AQUITAS SEQUITUR LEGEM)
1. EINLEITUNG
The ultimate goal of both equity and law is justice. A question arises that
which will apply where law and equity are merged in one system?
This maxim is an attempt to indicate relationship between law and equity,

that is, to temper and mitigate the rigor of law. It lays down that equity
should supplement the law and interfere only where the law fails to
dispense justice due to rigidity/inflexibility/defects of common
law/procedure, inadequacy of remedy, absence of relief or some fault of
the plaintiff.
Thus, equity presupposed the existence of common law at every point. It

accepted the common law rule on any question that might arise but added
that something more was necessary.
2. DEFINITION OF MAXIMS
According to Walker D.M

“Maxims are short, pithy formulations of broad and general
principles of common sense and justice”
According to SNELL
“These are not to be taken as positive laws of equity which will be
applied literally and relentlessly in their full width, but rather as trends or
principles which can be discerned in many of the detailed rules which
equity has established.”
3. EVOLUTION OF MAXIMS
Generally, the maxims of equity evolved from time to time and especially
began to formulate in the time of Lord Nottingham during (1673-82). Lord Page1
Nottingham is also known as father of modern English equity.
4. LEXICON/GLOSSARY/DERVATION/ANCESTARY/ETYMOLOGY
EQUITUS ------ means equity or decisions based on equity

SEQUITOR ----- supplementary, complimentary
LEGEM ------ Lex, law
5. MEANINGS OF THIS MAXIM

 Equity follows the rules of law whether common law or statute,
where applicable.
 Equity follows the analogies of law
 Equity may intervene whenever justice requires it.
 Equity will ensure as far as possible that its own rules are in line
with the common law rules.
6. EXPLANATION OF THIS MAXIM
a. The maxim indicates the standards which equity courts follow while
administering justice according to conscience. The goal of both law and
equity was the same by their nature and due to historical accident they
chose different path.
b. Equity respected every word of law & every right at law but where the law
was defective, in those cases, equity provides equitable rights & remedies.
c. In case of legal estates, rights and interests, equity is strictly bound by the
rules of law, e.g. the rules of descent or intestate succession or
primogeniture (prior 1926). Thus equity came not to destroy the law but to
fulfill it, to supplement it, to explain it.
d. Equity cannot openly depart from the legal rules; it may avoid the hardship
by getting round the legal rule.
(a) Non-encroachment approach towards principles of Law
The equity has non-encroachment approach towards the basic

principles of law and to make it keep pace with the advancing
needs of the community. Under this maxim equity is bound by the
rules of evidence fixed by the law, and by the statutes of limitations.
Equity does not encroach or eliminate the principles of law.
The equitable remedies like specific performance or injunction did

not destroy the common law remedy of damages, but were either Page1
additional or alternative.
(b) Relationship with Law

 In this maxim it is found one of the most fundamental
characteristics of equity jurisprudence that equity was
created to supplement the common law, and for this purpose
only in three ways:-
(i) By creating new rights, e.g., the right to enforce a
trust
(ii) By inventing new remedies, e.g., specific
performance, injunction and appointment of receiver
(iii) By adopting a new procedure, e.g., compelling the
defendant to give evidence or recovery of documents
or account-books etc.
 The result is that equity is bound by the established general
rules and principles of law. It might be said that equity is an
addition and not subtraction.
 Equity was permitted to add to the law, to recognize new
rights and titles, and to create new remedies, but not to
disregard or destroy existing legal principles.
7. MAITLAND’S VIEW
“Every jot and every title of the law was to be obeyed, but when all this
had been done, something might yet be needful, something that equity
would require”, and that was added by equity.”
“the relation between Law and Equity is not that between two conflicting
systems it is the relation between Code and supplement, between text and
gloss”
8. STORY’S VIEW
“Where a rule either of the common or statute law is direct and governs
the case with all its circumstances, or the particular point, a court of equity
is as much bound by it as a court of law and can as little justify a departure
from it.”
9. SNELL’S VIEW
“It is only when there is some important circumstances disregarding by the

general law rules that equity interferes.”
10. EQUITY FOLLOWS THE LAW, BUT NOT SLAVISHLY, NOR ALWAYS Page1
Per Cardozo, C.J. in Graf VS Hope Bldg. Corpn., 254 NY 1, cited in

Snell’s Principles of Equity
“Equity follows the law, but not slavishly, nor always”.
11. APPLICATION AND CASES
Case law: Stickland vs Aldrige (1804) 9 Vesey’s Reports, p. 519

(Where the eldest son prevented the father from making a will in favour of
the younger sons, by fraudulently representing to him that he would
himself convey the estate to his brothers after he had inherited it)
Where a court of law missed an important point, equity corrected the law
and followed it on simple principle of conscience.
Provisions of law cannot be allowed to be misused or abused or made an

instrument of fraud or to perpetuate injustice by creating a breach of trust
and a breach of contract.
Cowper vs. Cowper (1734)
“The discretion of courts is governed by the rule of law and equity, which
are not to oppose, but each, in turn, to be subservient (obedient) to the
other; this discretion in some cases follows the law implicitly, in others
assists it, and advances the remedy; in others again it relieves
against the abuse or allays the rigor of it; but in no case does it
contradict or overturn the principles thereof.” (JEKYLL M.R.)
12. TWO FOLD APPLICATION
i). Originally Concurrent Jurisdiction
Equity rigidly follows the rules of limitation, neither extending nor

limiting it. Where law is clear no equitable relief is warranted.
Trust estates shall be governed by the rules as legal estates in

order to preserve the uniform rules of property.
ii). Originally Exclusive Jurisdiction
In Equitable estates and interests, equity though not strictly bound

by rules of law, has acted and still acts in analogy to those rules
where analogy exists. For example
if the trustee by mistake of fact pays somebody an amount from Page1
trust property ---- analogy applies ---- equitable interest will
be governed by legal rules ---
Beneficiary may file a suit within 6 years --- rules of law will apply
LORD HARDWICKE observed in Hopkins vs Hopkins, “It is the

maxim of this court that trust estates, which are the
creatures of equity, shall be governed by the same rules as
legal estates, in order to preserve the uniform rules of
property.”
13. LORD ELSMERE said
“The cause why there is a chancery is for that man’s actions are so
diverse and infinite that it is impossible to make any general law which
shall aptly meet with every particular act and not fail in some
circumstances.”
14. LIMITATIONS OF THIS MAXIM
a. Un-specific application of law
Where a rule of law does not specifically and clearly apply
b. Where even by analogy law does not apply
Equity formulated and applied its own rules, on the reason that
injustice must be remedied.
c. Equity’s refusal to follow the law
Common law rights were controlled by recognition of equitable

rights and in some cases they were rendered more effective (than
they were at common law) by throwing open equitable remedies to
their holders.
Equity rejected the technical doctrines of seisin and escheat and

recognized a wide range of future interest in land unlike feudal
tenure in the past.
15. CONCLUSION
Equity must yield to law. Equity is thus supplementary law and

presupposed the existence of common law at every point. It accepted the
common law rule on any question that might arise, but added that
something more was necessary, either because the common law rule
was inadequate, or because it caused hardship. Page1

2-Equity Follows The Law

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2-Equity Follows The Law

Uploaded by

Copyright:

Available Formats

EQUITY FOLLOWS THE LAW

(AQUITAS SEQUITUR LEGEM)

This maxim is an attempt to indicate relationship between law and equity,

Thus, equity presupposed the existence of common law at every point. It

According to Walker D.M

EQUITUS ------ means equity or decisions based on equity

5. MEANINGS OF THIS MAXIM

6. EXPLANATION OF THIS MAXIM

(a) Non-encroachment approach towards principles of Law

The equity has non-encroachment approach towards the basic

The equitable remedies like specific performance or injunction did

(b) Relationship with Law

“It is only when there is some important circumstances disregarding by the

Per Cardozo, C.J. in Graf VS Hope Bldg. Corpn., 254 NY 1, cited in

“Equity follows the law, but not slavishly, nor always”.

11. APPLICATION AND CASES

Case law: Stickland vs Aldrige (1804) 9 Vesey’s Reports, p. 519

Provisions of law cannot be allowed to be misused or abused or made an

Cowper vs. Cowper (1734)

12. TWO FOLD APPLICATION

i). Originally Concurrent Jurisdiction

Equity rigidly follows the rules of limitation, neither extending nor

Trust estates shall be governed by the rules as legal estates in

ii). Originally Exclusive Jurisdiction

In Equitable estates and interests, equity though not strictly bound

LORD HARDWICKE observed in Hopkins vs Hopkins, “It is the

14. LIMITATIONS OF THIS MAXIM

a. Un-specific application of law

Where a rule of law does not specifically and clearly apply

b. Where even by analogy law does not apply

c. Equity’s refusal to follow the law

Common law rights were controlled by recognition of equitable

Equity rejected the technical doctrines of seisin and escheat and

Equity must yield to law. Equity is thus supplementary law and

You might also like