Equality is equity

Equality is equity

Introduction:

Equity always tries to put litigating parties to an equal level so for as their rights and liberties are concerned. Equity acts in such manner that no party gets undue advantage over other party. Benefits and burden of common interests and obligations cannot be imposed upon and passed against anyone.

Meaning:

“Equality is equity” also expressed as equity delighted in equality which means that as far 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 equity.

Application:

This maxim has application on following matters:

(i)                 Joint Tenancy:

Equity dislikes joint tenancy. Joint tenancy meant joint ownership regarding rights of survivorship.

(ii)               Equal distribution:

Where property is to be distributed between the rival claimant, court will equally distribute if there is no basis for division.

(iii)             Contribution:

Where a creditor has a single claim against several persons he has the option by realizing the rest from any one of them and by common law, the debtor who had compelled to pay the debt in full had no remedy against his co-debtor, but in equity he could claim contribution from latter so that the burden might be pressed equally on all.

(iv)              Abatement of legacies:

If legacies are general, they are liable to be proportionate reduction in assets providing insufficient to pay the legacies in full.

(v)                Power of appointment:

Where donee of a power 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.

Position in Pakistan:

(i)                  The Contract Act 1872 Sections 42, 69, 70, 145 and 146.

(ii)                Transfer of Property Act Section 56 and 82.

(iii)               Trust Act Section 27.