Keith Mack
The principle where there is equal equity, the law shall prevail is a maxim of equity, which are legal maxims that serve as a set of general principles or rules that govern the way in which equity operates. Equity is a system of justice that complements the common law, aiming to provide fairness and fashion remedies that are directed at the defendant to provide relief to the plaintiff. This principle applies when two parties have equal equitable claims, in which case the party with the legal title or possession will prevail. This maxim has its origins in the time of Lord Nottingham in the 17th century and has been applied in various cases, such as those involving bona fide purchasers, fraud, and negligence and conflicting claims to assets.
| Characteristics | Values |
|---|---|
| Origin | 17th century, during the time of Lord Nottingham |
| Definition | Where two parties have equal equitable claims, the party with the legal title or possession will prevail |
| Examples | Bona fide purchasers, fraud or negligence cases, competing equitable claims to the same asset |
| Limitations | Does not apply when both parties only have equitable claims |
| Related Maxim | "First in time", which applies when both parties only have equitable claims |
| Basis | Fairness, justice, and the need for equitable relief when there is no remedy under common law |
| Nature | A broad statement of principle, a supplement to the law, and a flexible approach to individual needs |
| Application | In specific cases, with varying wordings, and subject to judicial interpretation |
| Enforcement | An enforceable rule of law, with the power to mandate equitable outcomes |
| Considerations | The conduct and worthiness of parties, with a requirement for "clean hands" |
| Exceptions | Cases of misconduct, unconscionable behaviour, or unfairness may impact priority |
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What You'll Learn
- The law of equity is as important as statute law and common law
- Equity looks at the circumstances of individuals in each case
- Equity does not relieve a person of the consequences of their own actions
- Equity demands fairness from both defendant and plaintiff
- Equity is a system of justice that complements common law
The law of equity is as important as statute law and common law
Equity looks at the circumstances of the individuals in each case and fashions a remedy directed at the defendant, who must then provide the plaintiff with the specified relief. The most common civil remedy a court of law can award is monetary damages. However, equity enters injunctions or decrees directing someone to act or refrain from acting. This form of relief is often more valuable to a litigant than monetary compensation. For example, a plaintiff may want their only milk cow returned, rather than just its monetary value.
Equity provides a remedy where common law does not, or it provides a more suitable remedy. Equity has supplemented many new remedies to common law, such as specific performance, injunction, rescission, and rectification. A decree of specific performance compels the defendant to uphold their end of a bargain, while an injunction prevents someone from performing a certain act.
In the Earl of Oxford's Case, the court of common law ordered the payment of a debt that had already been paid, but the deed giving rise to the obligation had not been cancelled. The court of equity was prepared to grant an order preventing this and ratifying the deed. It was ruled that, where there is a conflict between the common law and equity, equity will prevail. This is reflected in the Latin legal maxim, "ubi jus ibi remedium" ("where there is a right there must be a remedy").
In Canada, the law of equity is as important as statute law and common law. It provides equitable relief when there is a recognizable right but no remedy under the common law. In Scotland, the Court of Session exercises an equitable and inherent jurisdiction known as the nobile officium, which enables the Court to provide a legal remedy where statute or common law are silent, and to prevent mistakes that would lead to injustice.
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Equity looks at the circumstances of individuals in each case
The principle "where there is equal equity, the law shall prevail" is a legal maxim that applies when two parties have equal equitable claims. In such cases, the party with legal title or possession prevails. This maxim originated in the time of Lord Nottingham in the 17th century.
Equity, in legal terms, is defined as justice according to natural law, free from bias or favoritism. It recognises that each person has unique circumstances and, therefore, allocates resources and opportunities necessary to achieve equal outcomes. Equity is derived from the Latin word "aequus", which means "even" or "fair".
In another instance, a grantee of land may be granted an implied right of way over the grantor's land if necessary. Equity also applies in cases of competing equitable claims to the same asset, as in Dearle v Hall (1828), where the claimant who first notifies the trustee or legal owner of the asset is given priority.
Equity ensures fairness and supplements or overrides common law when strict legal rules might lead to unjust outcomes. It is an essential component of justice, addressing individual needs to achieve fair outcomes.
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Equity does not relieve a person of the consequences of their own actions
The principle "where there is equal equity, the law shall prevail" is a maxim of equity law, which means that where two parties have equal equitable claims, the party with the legal title or possession will prevail. This principle originated in the time of Lord Nottingham in the 17th century.
Equity law, which originated in England, applies principles of general fairness in situations where common law would bring about injustice. Equity does not relieve a person of the consequences of their own actions. This means that if a plaintiff's cause of action is founded on their own misconduct toward the other party, the court will refuse to assist them. In other words, equity will not permit a party to profit by their own wrong. For example, if a landlord has violated their tenant's rights, they cannot ask the tenant to vacate the premises.
Equity considers the circumstances of individuals in each case and creates a remedy directed at the defendant, who must act accordingly to provide the plaintiff with the specified relief. Equity does not demand that its suitors have led blameless lives, but the requirement of clean hands does mean that there must be a nexus between the applicant's wrongful act and the rights they wish to enforce.
Equity also requires that the petitioning party must be willing to complete all of its own obligations. This maxim overlaps with the clean hands maxim, which states that a person who has been wronged must act relatively swiftly to preserve their rights, or else they are guilty of laches, which is an untoward delay in litigation with the presumed intent of denying claims.
Equity contains numerous other maxims, such as "equity will not suffer a wrong to be without a remedy", "equity acts in personam", "equity will not allow a statute to be used as a cloak for fraud", and "equity regards as done what should have been done". These maxims guide equitable claims and the courts that preside over them, although they do not constitute binding precedent in US courts.
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Equity demands fairness from both defendant and plaintiff
The concept of equity in law is a centuries-old system of English jurisprudence, with origins in Roman law (aequitas) and the writings of Aristotle (epieikeia). It was developed in the English Court of Chancery to provide legal remedies for cases where common law was insufficient or unable to deliver a fair resolution. Equity is not a synonym for 'general fairness' or 'natural justice', but a particular body of rules that originated in a special system of courts.
The maxim 'where there is equal equity, the law shall prevail' means that where two parties have equal equitable claims, the party with the legal title or possession will prevail. This maxim is often applied in cases involving bona fide purchasers and fraud or negligence. It differs from the related maxim 'first in time', which applies when both parties only have equitable claims, and the first to acquire an interest should prevail.
Equity also applies to the defendant, preventing 'unconscionable' conduct and protecting the conscience of the King. This was extended to the conscience of the defendant in Chancery, with the Chancellor intervening to prevent unfair conduct. In modern times, the US Constitution extends federal judicial power to "all Cases, in Law and Equity", further emphasising the importance of equity in the legal system.
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Equity is a system of justice that complements common law
In jurisdictions following the English common law system, equity is the body of law that was developed in the English Court of Chancery. It is now administered concurrently with common law. In common law jurisdictions, the word "equity" does not refer to "general fairness" or "natural justice", but to a particular body of rules that originated in a special system of courts.
The evolution of procedures within courts of equity has guided the application of equitable principles. Equity originated from the diverse rules of the early Courts of Chancery, and today's courts can exercise equitable jurisdiction while maintaining their inherent discretionary abilities to address new forms of injustice.
Historically, the English common law was principally developed and administered in the central royal courts: the Court of King's Bench, the Court of Common Pleas, and the Exchequer. These courts were created by the authority of the King of England, and their jurisdiction over disputes between the King's subjects was based on the King's writ. Initially, a writ was probably a vague order to do right by the plaintiff, and it was usually a writ of grace, issued at the pleasure of the King.
As the number of petitions increased, the King delegated the duty of addressing them to the Chancellor, the "keeper of the King's conscience". The Chancellor would adjudicate them according to principles of fairness and justice, thus developing equity. By the 15th century, equity became well-established and was seen as a rival system to common law.
The Judicature Acts of the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation. However, the reforms did not fuse the actual bodies of law. In some Commonwealth countries, there is a difference of opinion as to whether equity and common law have been fused or are merely administered by the same court.
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Frequently asked questions
This maxim means that when two parties have equal equitable claims, the party with the legal title or possession will prevail.
This maxim was first used in the 17th century during the time of Lord Nottingham.
This maxim is applied in cases involving bona fide purchasers and fraud or negligence. For example, in Dearle v Hall (1828), the beneficial owner of a trust fund assigned it first by way of security to A, and then outright to B. A did not notify the trustees of the fund, so when B enquired, he discovered the existence of the assignment to himself.
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