What is

Law of Equity & Its

11 Most Important
Principles Which
Every
Lawyer Must
Know

By Dr Neel Mani Tripathi

(PhD and Post Dos in Law)
1. Understanding Equity

What is Equity?

Equity refers to a body of legal principles

designed to address fairness and justice when
the strict application of common law rules
leads to unjust outcomes. It evolved to
provide remedies that common law could not
offer, such as injunctions, specific
performance, and trusts.

Historical Context:

Equity originated in medieval England when

the rigid common law system left many
litigants without remedies. These individuals
petitioned the King, whose Chancellor, as the
"Keeper of the King’s Conscience," resolved
disputes based on fairness. This practice laid
the foundation for the Court of Chancery and
the principles of equity.

Importance of Equity:
 1. Promotes Fairness: Ensures justice is
delivered even when common law rules
are too rigid.
2. Flexibility: Adapts to unique and
evolving circumstances.
3. Supplement to Common Law:
Provides remedies like injunctions,
specific performance, and equitable
estoppel where monetary damages are
inadequate.

Applicability of Equity:

Equity is applicable in disputes involving

trusts, property, contracts, fiduciary duties,
and family law. Its remedies are
discretionary, meaning the court considers
the circumstances before granting relief.

The 11 Most Important Principles of

Equity
1. Equity Follows the Law

• Maxim: Equitas sequitur legem –

"Equity follows the law."
• Meaning: Equity respects the
established rules of common law and
does not override them unless strictly
necessary to achieve fairness.
• Purpose:Maintains harmony between
equity and common law.
• Example:
o A contract legally entered into
will not be invalidated by equity,
but equity may intervene to
prevent its enforcement if doing
so would be unconscionable. For
instance, in a case of undue
influence, equity may set aside a
contract that was legally valid but
unfairly obtained.
2. Equity Will Not Suffer a Wrong to Be
Without a Remedy

• Maxim: Ubi jus ibi remedium –

"Where there is a right, there is a
remedy."
• Meaning: Equity ensures that every
legal wrong has an appropriate remedy,
even if one is unavailable under
common law.
• Purpose:Provides justice when legal
remedies (like damages) are
inadequate.
• Example:
o A company building a factory that
pollutes a nearby river, harming
residents, may be restrained by an
injunction rather than merely
compensating affected
individuals with monetary
damages.
3. Equity Acts in Personam

• Maxim: Equitas agit in personam –

"Equity acts on the person."
• Meaning: Equity operates by
compelling individuals to act in
accordance with fairness, rather than
focusing solely on property or assets.
• Purpose:Holds individuals
accountable for their actions and moral
obligations.
• Example:
o A trustee who misuses trust
property is compelled to restore
the property or compensate the
beneficiaries, emphasizing the
trustee’s personal responsibility
rather than merely seizing the
property.
4. He Who Seeks Equity Must Do Equity

• Maxim: Qui sentit commodum sentire

debet et onus – "He who receives the
benefit must bear the burden."
• Meaning: A claimant seeking equitable
relief must act fairly and fulfill their
own obligations.
• Purpose:Prevents one-sided benefits
from equitable remedies.
• Example:
o A borrower seeking to set aside a
mortgage foreclosure due to
unfair terms must offer to repay
the outstanding loan amount to
the lender before receiving
equitable relief.
5. He Who Comes to Equity Must Come
with Clean Hands

• Maxim: He who comes into equity must

come with clean hands.
• Meaning: Equity will deny relief to a
party who has acted unethically or
dishonestly in the matter at hand.
• Purpose:Ensures fairness by holding
all parties accountable for their
conduct.
• Example:
o If a landlord sues a tenant for
unpaid rent but has failed to
maintain the property in habitable
condition as required by law,
equity may deny the landlord’s
claim for specific performance.
6. Equity Aids the Vigilant, Not Those
Who Slumber on Their Rights

• Maxim: Vigilantibus non dormientibus

aequitas subvenit – "Equity aids the
vigilant, not the indolent."
• Meaning: Equity will not assist those
who delay unreasonably in asserting
their rights.
• Purpose:Encourages diligence and
prevents abuse of equitable remedies.
• Example:
o A person aware of a boundary
dispute but who fails to act for
several years may lose the right to
claim equitable relief due to the
doctrine of laches.
7. Equality is Equity

• Maxim: Aequality est quasi equitas –

"Equality is equity."
• Meaning: Equity ensures fairness by
treating all parties equally in similar
circumstances.
• Purpose:Prevents unjust favoritism.
• Example:
o When a property is co-owned by
two individuals and is sold, equity
ensures the proceeds are divided
equally unless an agreement
specifies otherwise.
8. Equity Looks to the Intent, Not the
Form

• Maxim: Equity looks to the intent

rather than the form.
• Meaning: Equity prioritizes the
substance and intention behind actions,
rather than their technical or procedural
form.
• Purpose:Prevents injustice caused by
rigid adherence to formality.
• Example:
o A verbal agreement to transfer
property may be enforced in
equity if the parties acted in
reliance on the agreement, even if
it lacks formal documentation.
9. Equity Regards as Done That Which
Ought to Be Done

• Maxim: Equity regards as done what

ought to be done.
• Meaning: Equity treats anticipated
obligations or agreements as completed
to ensure fairness.
• Purpose:Protects legitimate
expectations and agreements.
• Example:
o If a buyer pays for land but the
seller delays transferring the title,
equity treats the buyer as the
owner until the title transfer is
completed.
10. Equity Looks on That as Done Which
Ought to Be Done

• Maxim: Similar to the above maxim.

• Meaning: Equity treats obligations or
expected outcomes as if they were
already fulfilled.
• Purpose:Provides equitable remedies
that reflect the spirit of the agreement.
• Example:
o A seller who fails to deliver goods
but received payment is treated as
having fulfilled the agreement
and must compensate the buyer.
11. Delay Defeats Equity

• Maxim: Vigilantibus non dormientibus

aequitas subvenit – "Equity aids the
vigilant, not those who delay."
• Meaning: Equitable remedies are
denied to those who delay unreasonably
in asserting their claims.
• Purpose:Prevents injustice to
defendants due to undue delays.
• Example:
o A claimant seeking to enforce a
trust years after discovering its
terms may be denied relief due to
laches.

Conclusion

Equity enriches legal systems by introducing

fairness, flexibility, and morality into the
administration of justice. Its principles, while
discretionary, ensure that legal outcomes
align with societal values of fairness and
good conscience. The evolution of these
principles from medieval courts to modern
jurisprudence highlights their enduring
importance in upholding justice.

If you found this post insightful and

would like to explore more on such
legal concepts, Connect with me on
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By Dr Neel Mani Tripathi

(PhD and Post Doc in Law)