Equity Follows Law

The maxim 'Equity Follows Law' asserts that equitable remedies must align with existing legal rules and principles. In other words, equity does not operate independently or override the established laws but rather supplements them where justice demands.

This principle emerges from the historical development of equity as a distinct body of law designed to mitigate the rigidity of common law. It reflects the complementary relationship between legal and equitable principles, particularly as equity evolved alongside the common law court system in England.

In modern law, this maxim applies where courts strive to ensure that equitable judgments respect the legal framework, particularly in decisions involving injunctions, specific performance, and trusts. Judges often reference this principle when determining whether to grant equitable relief while ensuring compliance with legal statutes.

• In a case involving the breach of contract where legal damages are insufficient, a court may grant specific performance as an equitable remedy, provided it does not contradict legal principles.
• In family law, courts might grant an equitable distribution of assets in divorce proceedings, as long as such distributions align with statutory guidelines.

• Chappell v. Nestlé Co. Ltd [1960] AC 87