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Equity follows the law

Maxim
Equity

Courts of equity generally follow the rules of law and depart only where following them would be unjust. Equity fills gaps; it does not override the law.

Example

A statute sets a time limit for a suit. A court of equity applies the same limit to an equitable claim by analogy.

Exam tip

Asked as the relationship between law and equity.

Memory trick

Equity walks behind the law.

Key takeaway

Equity follows the law but corrects its hardships.

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