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Equity and the Law of Trusts in the Republic of Ireland

Equity Follows the Law

In Chapter 3: The Maxims of Equity

Equity and the Law of Trusts in the Republic of Ireland

Author:
Ronan Keane
Publisher:
Bloomsbury Professional
Edition:
Second edition
Publication Date:
2011
Law As Stated At:
1 September 2011
[3.02] It was an essential feature of equity that it did not seek to replace, still less to subvert, the common law: it was a supplement or appendix intended to modify the rigidity of that law. Hence, courts of equity followed the principles of the common law. But, equally clearly, equity could never have made its unique contribution to jurisprudence if it simply applied legal principles to cases, and the maxim must be understood subject to that important qualification. While equity did not seek to set aside the common law rules as such, it restricted or modified their application where it seemed equitable to do so. We shall see in this book many examples of the refusal of equity to follow the law slavishly and in every case. But it is also to be observed that, applying the maxim, equity in the development of its own institutions, such as the ...
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