Equity has no clash with legislation neither it overrides the provisions of legislation. Nor it is the enemy of legislation. It adopts and follows the simple guidelines of legislation. It is explained that fairness is not a system of jurisprudence acting contrary to legislation but is somewhat a dietary supplement to legislation. It is a well known rule that fairness follos the analogies of legislation. The fairness came not to damage the legislation but to fulfit it, to dietary supplement it, to demonstrate it. Equity respect each phrase of legislation.
Equity is supposed to dietary supplement the legislation and not to supersede it.
Cowper vs. Cowper 1734, 2P WNS 720
The discretion of the court is to be governed by the guidelines of legislation and fairness which are not oppose but each and every in tur to be subservient to other, this discretion in some scenarios follows the legislation implicity, in other assists it and improvements the cure in other versus it relieves versus the abuse or allays the rigour of it but in no situation does it contradict or overturn the grounds of principle thereof.
It has application in the following two factors.
1. As to legal estates, legal rights and fascination:
As regards legal estates, appropriate and pursuits, fairness was and is strictly sure by the guidelines of legislation and it has no discretion to deviate there from. Equity does not permit an unfair use to be produced of legal legal rights so fairness follows in regard to the rule of primogeniture.
Strickland vs. Aldrige 1804
It was held exclusion of the young member of a relatives from home in accordance to the rule of primogeniture does not build any specific situations entitling to a reduction at equiry, because the eldest son receives only what he is entitled to get in legislation.
two. As to Equitable legal rights and fascination:
In numerous scenarios, fairness acts by analogy to the guidelines of legislation in relation to equitable titles and estates. Equitable estates are guided by the guidelines of decent as legal estate.
Important factors of maxim:
Next are the two critical factors of this maxim.
Equity adopts and following the guidelines of legislation in all scenarios where applicable.
Equity follows the analogy of legislation
Next are exceptions
i. Exactly where a rule of legislation did not exclusively implement.
ii. Exactly where even by analogy the rule of legislation did not implement, fairness formulated and applied it, have guidelines.
To conclude it can be explained that fairness usually follows the legislation in the perception of obeying it and conforming to its normal guidelines and coverage, no matter if contained in frequent legislation or statue legislation. The guidelines of fairness can not override the unique provisions of legislation.