Equity has no clash with legislation neither it overrides the provisions of law. Nor it is the enemy of regulation. It adopts and follows the simple principles of legislation. It is stated that equity is not a human body of jurisprudence performing opposite to law but is relatively a complement to legislation. It is a effectively identified rule that equity follos the analogies of legislation. The fairness arrived not to demolish the regulation but to fulfit it, to supplement it, to describe it. Equity respect every single phrase of legislation.
Equity is intended to nutritional supplement the law and not to supersede it.
Cowper vs. Cowper 1734, 2P WNS 720
The discretion of the court is to be governed by the policies of regulation and equity which are not oppose but every in tur to be subservient to other, this discretion in some conditions follows the legislation implicity, in other helps it and advancements the treatment in other against it relieves in opposition to the abuse or allays the rigour of it but in no case does it contradict or overturn the grounds of principle thereof.
It has software in the adhering to two features.
1. As to lawful estates, rights and fascination:
As regards lawful estates, suitable and interests, equity was and is strictly certain by the procedures of legislation and it has no discretion to deviate there from. Equity does not enable an unfair use to be made of authorized rights so fairness follows in regard to the rule of primogeniture.
Strickland vs. Aldrige 1804
It was held exclusion of the more youthful member of a household from assets according to the rule of primogeniture does not produce any particular conditions entitling to a aid at equiry, since the eldest son receives only what he is entitled to get in regulation.
2. As to Equitable rights and curiosity:
In lots of cases, equity functions by analogy to the regulations of legislation in relation to equitable titles and estates. Equitable estates are guided by the regulations of good as lawful estate.
Vital aspects of maxim:
Following are the two essential aspects of this maxim.
Fairness adopts and subsequent the rules of regulation in all circumstances exactly where applicable.
Fairness follows the analogy of legislation
Adhering to are exceptions
i. Exactly where a rule of legislation did not specially apply.
ii. In which even by analogy the rule of law did not implement, equity formulated and used it, personal policies.
To conclude it can be claimed that fairness normally follows the legislation in the sense of obeying it and conforming to its general principles and plan, whether contained in widespread law or statue law. The rules of fairness can not override the specific provisions of regulation.
For extra take a look at http://www.wiki-engine.com