Capital follows the law
Introduction:
Equity does not conflict with the law, nor does it take precedence over the provisions of the law. Nor is he an enemy of the law. Accepts and observes the basic rules of the law. It is said that equity is not jurisprudence acting contrary to the law, but is rather an adjunct to the law. It is a well-known rule that justice follows the analogies of law. Justice came not to destroy the law, but to fulfill it, to supplement it, to explain it. Equality respects every word of the law.
Meaning
Equity is meant to supplement the law, not replace it.
Court practice
Cowper v. Cowper 1734, 2P WNS 720
The discretion of the court must be guided by the rules of law and equity, which are not opposed to, but in turn subordinate to, others; this discretion in some cases follows the implication of the law, in others aids it and advances the defense; in others, on the contrary, it mitigates the abuse, or softens its severity, but in no case contradicts or abrogates its fundamental grounds.
Application
It has application in the following two aspects.
1. As regards legal property, rights and interests:
As to legal estates, rights, and interests, equity was and is strictly bound by the rules of law, and has no discretion to deviate from them. Equity does not allow unfair use of legal rights, so equity follows in terms of the primogeniture rule.
Court practice
Strickland vs. Never 1804
It was held that the exclusion of the younger member of the family from property under the rule of primogeniture did not create any special circumstances entitling it to relief in dispute, as the eldest son received only what he was entitled to receive by law.
2. As regards equitable rights and interests:
In many cases equity operates by analogy with the rules of law with respect to equitable titles and estates. Equitable estates are governed by the rules of decent as legal estate.
Important aspects of the maxim:
The following are the two important aspects of this maxim.
Equity accepts and follows the rules of law in all cases where applicable.
Justice follows the analogy of law
Exceptions:
Exceptions follow
i When a legal norm is not specifically applied.
ii. When even by analogy the rule of law does not apply, justice formulates and applies its own rules.
Final remarks:
In conclusion, it can be said that equity always follows the law in the sense of obeying it and conforming to its general rules and policy, whether contained in common law or statute. Rules of equity cannot prevail over specific provisions of law.
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