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

2.  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:
I. As to legal Estates: equity does not misused of his legal
estates for wrong or quality party.
II. As to legal Rights: Equity follows the rules of law and it
dose not break it and it always used it in good manner.
III. 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 Pakistan:
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.