08-24-2012, 06:24 PM
Q. Equity is equality discuss. (2003) (2006/A)
1. Introduction:
Equity always tries to put the litigating parties on a an equal level so for as their rights and liabilities are concerned. equity acts in such manner that no party gets an under advantage over the other party. benefits and burden of common interests and obligation cannot be imposed upon and pressed against any one.
2. Meaning:
"Equality is equity" is also expressed "Equity delighteth in equality which means that as for as possible equity would put the litigating parties at equal pedestal. it expresses the object of both law and equity in order to effectuate distribution of property and losses proportionate to several claims and liabilities of the parties concerned so equality therefore means proportionate equality.
3. Application:
This maxim has application on the following matters.
I. Joint tenancy:
Equity dislikes joint tenancy.
Meaning of joint tenancy
Joint tenancy means joint ownership regarding the rights of survivorship.
II. Equal distribution:
Whenever property is to be distributed between the right claimant court will equally distribute, if there is not basis for division.
III. Contribution:
When a creditor has a single claim against several person he has the option of realising the best form any one of them and by common law, the debtor who had been compelled to pay debt in full had no remedy against his co-debtor, but in equity has could claim contribution from the latter so that the burden.
IV. Abatement of legacies:
If legacies are general, they are liable to a proportionate reducation in assets proving insufficient to pay to the legacies in full.
V. Power of appointment:
Where donee of a powers, in the nature of the trust fails to exercise his power the court of equity on the principle of equality will carry the same into effect, so that it may not fail, and distribute the property equally among the persons concerned.
4. Position in Pakistan:
The doctrine of equality is equity has been recognized in Pakistan under various enactments.
Sec 42 contract act
Sec 69, 70 contract act
Sec 146, 145 contract act
Sec 56 T. P. A
Sec 82 T. P. A
27 Trusts act
5. Conclusion:
To conclude I can say that, equity always tries to keep the parties at same position. a party cannot get any undue advantage over the other. the doctrine of equality, however, operated more effectually in a court of equity than in a court of law. in the distribution of property, the highest equity is to make an equality between the parties standing in the same relation.
1. Introduction:
Equity always tries to put the litigating parties on a an equal level so for as their rights and liabilities are concerned. equity acts in such manner that no party gets an under advantage over the other party. benefits and burden of common interests and obligation cannot be imposed upon and pressed against any one.
2. Meaning:
"Equality is equity" is also expressed "Equity delighteth in equality which means that as for as possible equity would put the litigating parties at equal pedestal. it expresses the object of both law and equity in order to effectuate distribution of property and losses proportionate to several claims and liabilities of the parties concerned so equality therefore means proportionate equality.
3. Application:
This maxim has application on the following matters.
I. Joint tenancy:
Equity dislikes joint tenancy.
Meaning of joint tenancy
Joint tenancy means joint ownership regarding the rights of survivorship.
II. Equal distribution:
Whenever property is to be distributed between the right claimant court will equally distribute, if there is not basis for division.
III. Contribution:
When a creditor has a single claim against several person he has the option of realising the best form any one of them and by common law, the debtor who had been compelled to pay debt in full had no remedy against his co-debtor, but in equity has could claim contribution from the latter so that the burden.
IV. Abatement of legacies:
If legacies are general, they are liable to a proportionate reducation in assets proving insufficient to pay to the legacies in full.
V. Power of appointment:
Where donee of a powers, in the nature of the trust fails to exercise his power the court of equity on the principle of equality will carry the same into effect, so that it may not fail, and distribute the property equally among the persons concerned.
4. Position in Pakistan:
The doctrine of equality is equity has been recognized in Pakistan under various enactments.
Sec 42 contract act
Sec 69, 70 contract act
Sec 146, 145 contract act
Sec 56 T. P. A
Sec 82 T. P. A
27 Trusts act
5. Conclusion:
To conclude I can say that, equity always tries to keep the parties at same position. a party cannot get any undue advantage over the other. the doctrine of equality, however, operated more effectually in a court of equity than in a court of law. in the distribution of property, the highest equity is to make an equality between the parties standing in the same relation.