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WHAT IS EQUITY
In the context of law, "equity" refers to a systemof
principles and remedies that operates to provide fairness
and justice in situations where the application of strict legal
rules might lead to harsh or unjust outcomes. Equity
developed historically in England as a response to the
limitations of common law, aiming to address cases where a
strict application of the law would lead to injustice.
Equity dislikes joint tenancy.
Historical genesis
• Chancery Courts:
• Historically,equity was administeredby
separate courts known as chancery courts. In
modern times, equity is usuallyapplied
alongside common law within a unified judicial
system.
• . Flexibility and Adaptability:
• Equityis known for its flexibilityand
adaptability.It allowscourts to respond to
changing social norms and evolving
circumstances.
Legal Remedies vs.
Equitable Remedies:
• While legal remedies focus on compensating for harm
through monetary damages, equitable remedies are
more focused on achieving fairness by ordering specific
actions or preventing certain conduct.
• . Specific Relief Acts:
• Many legal systems, including in countries like Pakistan,
have enacted specific laws (e.g., the Specific Relief Act)
that incorporate equitable principles to address certain
types of cases.
EQUITY Delighteth IN
EQUALITY
SOHARWARDIA RAWADIA
• 1. Understanding the Maxim:
• The maxim "equity delights in equality" means that fairness and justice (equity) find joy in treating everyone equally.
• 2. Equity - What Does It Mean?
• Equity is about being fair and just. It looks at individual differences to make sure everyone has a fair chance.
• 3. Equality - Treating Everyone the Same:
• Equality is about treating everyone alike. It means giving everyone the same opportunities and rights.
• 4. Why Does Equity Delight in Equality?
• The idea is that when we're fair and treat everyone equally, it brings satisfaction and joy (delight) because it creates a just and
harmonious society.
• 5. Examples of Equity and Equality:
• Think of a school where all students, no matter their background, get the same chances to learn. That's an example of equity
delighting in equality.
• 6. Balancing Differences with Fairness:
• Sometimes, people have different needs or starting points. Equity helps balance these differences to achieve fairness.
• 7. In Everyday Life:
• In our daily lives, equity and equality matter in how we treat each other, ensuring that everyone is treated fairly and with respect.
• This maxim flows from the fundamentalnotionof
equalityor impartialitydue to the conceptionof
Equityand is the source of many equitabledoctrines.
The maxim is of very wide application.The rule of
ordinary law may give one party an advantageover
the other. But the court of equity, where it can, puts
the litigatingparties on a footing of equality. Equity
proceeds in the principlethat a right or liabilityshould
as far as possible be equalized among all interested. In
other words, two parties have equal right in any
property, so it is distributedequallyas per the
concerned law.
•
Egalitarianism is the belief in and advocacy for the equal
rights, opportunities, and treatment of all individuals,
regardless of their background, gender, race, or other
distinguishing characteristics. In simple terms, it promotes
the idea that everyone should have the same fundamental
rights and opportunities in society.
Application of the Maxim
• a. Presumption of Tenancy in Common: equity abhors joint
tenancy due to the rule of survivorship (jus accrescendi)
which makes properties devolve to co-partners or co-owners
instead of to the party’s estate. As a result, equity presumes
tenancy in common in any slightest of its opportunity.
• Instances Where equity Presumes Tenancy in Common
• Loan on Mortgage: where property is mortgaged in favour of
more than on mortgagee, equity presumes it to be tenancy in
common, so that where one of the mortgagees dies, the co
mortgagees does not absorb his interest in the mortgage
transaction, rather it goes to the deceased mortgagee’s
estate.
• Partnership: where there exist partnership, equity presumes
tenancy in common, that upon the death of any partner, his
interest devolves to his estateand not be absorbed by the co-
partners.
• b. Equal Division:Where a property is to be shared and there is
no prescribed basis for its division, equity comes in and shares it
equally. See Jones V Maynard.
• Husband and Wives:upon dissolution of marriage between a
husband and wife, equity shares their property amongstthem
equally if there is no predetermined mode of share
between them.
• Exception to the Maxim
• Where husband and wife operate a joint account or business, this
is clearly a joint tenancy. On the death of any spouse, the rule of
survivorship will apply so that the surviving spouse absorbs
the whole interest.
• Applying Equity in Specific Cases:
• Courts in Pakistan use fairness and equality in
specific cases under the Specific Relief Act. They
make decisions that are fair and just based on
the details of each situation.
Practical Examples:
• Imagine someone promised to do something in
a contract, and the court can make them do it if
it's fair. Or if there were problems, the court can
change the contract to make things fair for
everyone.
• 1. Injunction:
• Definition:An injunction is a court order that requires a party to either perform
a specific act (mandatory injunction) or refrain from doing a particular act
(prohibitory injunction).
• Example: A court may issue an injunction to stop someone from building on
their property if it violates zoning laws.
• 2. SpecificPerformance:
• Definition:Specific performance is a remedy where the court orders a party to
fulfill its contractual obligations as specified in the contract.
• Example: If someone agreed to sell a unique piece of art, specific performance
would compel them to go through with the sale rather than awarding monetary
damages.
• 3. Rescission:
• Definition:Rescissionis the cancellation of a contract. The court may order
rescission if there are grounds such as fraud, misrepresentation, or undue
influence.
• Example: If a contract was based on fraudulent information, the court might
order rescission to cancel the contract.
• 1. Definition of Writ of Prohibition:
• The writ of prohibition isa legal order issued by a higher court to
prevent a lower court, tribunal,or administrativebody from
continuingwith a particularproceeding or taking a certain action.
• 4. Ensuring Equality Before the Law:
• While the writ itself does not explicitlymention equality, its use can
contributeto the broader principleof equalitybefore the law. It
preventsdiscriminatory or biased actions by ensuring that legal
proceedingsare conducted fairly and impartially.
• 5. Preventing Selective or Unequal Treatment:
• The writ of prohibition canbe invokedto prevent authorities from
selectively or unfairly targeting certain individualsor groups,
reinforcing the concept of equal treatment under the law.
• EQUITY DELIGHT EQUALITY
• An alibi is a defense raised by a defendant in
a criminal trial, asserting that they were
elsewhere at the time the alleged offense
took place and, therefore, could not have
committed the crime. In other words, the
defendant is claiming that they have an alibi,
or a verifiable and credible excuse for not
being present at the scene of the crime.
• The consideration of an alibi in a legal
context is generally based on principles of
fairness, equity, and the right to a fair trial.
Statutes law based on maxim
• TRANSFER OF PROPERTY ACT { concept of Marshelling}
• Contract Act ( Concept of joint promisor/devolution of joint liabilities, sec
42, 43}
• Contract Act [ non gratuitous act , section 70,}
• Civil procedure code{ section 73}
• Inherent power of court [151]
• Equity dislikes joint tenancy
• Partnership act 1932 section 13{b}
• Aurat Foundation v. Federation of Pakistan(2019):
• This case addressed gender-based discriminationand highlightedthe
importance of ensuring equal rights and opportunitiesfor women.
The Supreme Court of Pakistan emphasized the need for gender
equalityand protection against discrimination.
• Mst. Farzana Naqvi v. Government of Punjab (2010):
• This case dealt with issues relatedto discriminationagainstwomen
in the workplace. The court, in its decision, highlightedthe principle
of equality before the law and the importance of protecting
women's rights in employment.
• Asma Jilani v. Government of the Punjab (1972):
• In this case, the Supreme Court of Pakistan discussed the concept of
equalitybefore the law and emphasized the importance of treating
all citizens equallywithout discrimination.
summary
• Equity does not play favourites .

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equity presentation (1) (1) (1).pdf

  • 1. WHAT IS EQUITY In the context of law, "equity" refers to a systemof principles and remedies that operates to provide fairness and justice in situations where the application of strict legal rules might lead to harsh or unjust outcomes. Equity developed historically in England as a response to the limitations of common law, aiming to address cases where a strict application of the law would lead to injustice. Equity dislikes joint tenancy.
  • 2. Historical genesis • Chancery Courts: • Historically,equity was administeredby separate courts known as chancery courts. In modern times, equity is usuallyapplied alongside common law within a unified judicial system. • . Flexibility and Adaptability: • Equityis known for its flexibilityand adaptability.It allowscourts to respond to changing social norms and evolving circumstances.
  • 3. Legal Remedies vs. Equitable Remedies: • While legal remedies focus on compensating for harm through monetary damages, equitable remedies are more focused on achieving fairness by ordering specific actions or preventing certain conduct. • . Specific Relief Acts: • Many legal systems, including in countries like Pakistan, have enacted specific laws (e.g., the Specific Relief Act) that incorporate equitable principles to address certain types of cases.
  • 5.
  • 6. • 1. Understanding the Maxim: • The maxim "equity delights in equality" means that fairness and justice (equity) find joy in treating everyone equally. • 2. Equity - What Does It Mean? • Equity is about being fair and just. It looks at individual differences to make sure everyone has a fair chance. • 3. Equality - Treating Everyone the Same: • Equality is about treating everyone alike. It means giving everyone the same opportunities and rights. • 4. Why Does Equity Delight in Equality? • The idea is that when we're fair and treat everyone equally, it brings satisfaction and joy (delight) because it creates a just and harmonious society. • 5. Examples of Equity and Equality: • Think of a school where all students, no matter their background, get the same chances to learn. That's an example of equity delighting in equality. • 6. Balancing Differences with Fairness: • Sometimes, people have different needs or starting points. Equity helps balance these differences to achieve fairness. • 7. In Everyday Life: • In our daily lives, equity and equality matter in how we treat each other, ensuring that everyone is treated fairly and with respect.
  • 7. • This maxim flows from the fundamentalnotionof equalityor impartialitydue to the conceptionof Equityand is the source of many equitabledoctrines. The maxim is of very wide application.The rule of ordinary law may give one party an advantageover the other. But the court of equity, where it can, puts the litigatingparties on a footing of equality. Equity proceeds in the principlethat a right or liabilityshould as far as possible be equalized among all interested. In other words, two parties have equal right in any property, so it is distributedequallyas per the concerned law. • Egalitarianism is the belief in and advocacy for the equal rights, opportunities, and treatment of all individuals, regardless of their background, gender, race, or other distinguishing characteristics. In simple terms, it promotes the idea that everyone should have the same fundamental rights and opportunities in society.
  • 8. Application of the Maxim • a. Presumption of Tenancy in Common: equity abhors joint tenancy due to the rule of survivorship (jus accrescendi) which makes properties devolve to co-partners or co-owners instead of to the party’s estate. As a result, equity presumes tenancy in common in any slightest of its opportunity. • Instances Where equity Presumes Tenancy in Common • Loan on Mortgage: where property is mortgaged in favour of more than on mortgagee, equity presumes it to be tenancy in common, so that where one of the mortgagees dies, the co mortgagees does not absorb his interest in the mortgage transaction, rather it goes to the deceased mortgagee’s estate.
  • 9. • Partnership: where there exist partnership, equity presumes tenancy in common, that upon the death of any partner, his interest devolves to his estateand not be absorbed by the co- partners. • b. Equal Division:Where a property is to be shared and there is no prescribed basis for its division, equity comes in and shares it equally. See Jones V Maynard. • Husband and Wives:upon dissolution of marriage between a husband and wife, equity shares their property amongstthem equally if there is no predetermined mode of share between them. • Exception to the Maxim • Where husband and wife operate a joint account or business, this is clearly a joint tenancy. On the death of any spouse, the rule of survivorship will apply so that the surviving spouse absorbs the whole interest.
  • 10. • Applying Equity in Specific Cases: • Courts in Pakistan use fairness and equality in specific cases under the Specific Relief Act. They make decisions that are fair and just based on the details of each situation. Practical Examples: • Imagine someone promised to do something in a contract, and the court can make them do it if it's fair. Or if there were problems, the court can change the contract to make things fair for everyone.
  • 11. • 1. Injunction: • Definition:An injunction is a court order that requires a party to either perform a specific act (mandatory injunction) or refrain from doing a particular act (prohibitory injunction). • Example: A court may issue an injunction to stop someone from building on their property if it violates zoning laws. • 2. SpecificPerformance: • Definition:Specific performance is a remedy where the court orders a party to fulfill its contractual obligations as specified in the contract. • Example: If someone agreed to sell a unique piece of art, specific performance would compel them to go through with the sale rather than awarding monetary damages. • 3. Rescission: • Definition:Rescissionis the cancellation of a contract. The court may order rescission if there are grounds such as fraud, misrepresentation, or undue influence. • Example: If a contract was based on fraudulent information, the court might order rescission to cancel the contract.
  • 12. • 1. Definition of Writ of Prohibition: • The writ of prohibition isa legal order issued by a higher court to prevent a lower court, tribunal,or administrativebody from continuingwith a particularproceeding or taking a certain action. • 4. Ensuring Equality Before the Law: • While the writ itself does not explicitlymention equality, its use can contributeto the broader principleof equalitybefore the law. It preventsdiscriminatory or biased actions by ensuring that legal proceedingsare conducted fairly and impartially. • 5. Preventing Selective or Unequal Treatment: • The writ of prohibition canbe invokedto prevent authorities from selectively or unfairly targeting certain individualsor groups, reinforcing the concept of equal treatment under the law.
  • 13. • EQUITY DELIGHT EQUALITY • An alibi is a defense raised by a defendant in a criminal trial, asserting that they were elsewhere at the time the alleged offense took place and, therefore, could not have committed the crime. In other words, the defendant is claiming that they have an alibi, or a verifiable and credible excuse for not being present at the scene of the crime. • The consideration of an alibi in a legal context is generally based on principles of fairness, equity, and the right to a fair trial.
  • 14. Statutes law based on maxim • TRANSFER OF PROPERTY ACT { concept of Marshelling} • Contract Act ( Concept of joint promisor/devolution of joint liabilities, sec 42, 43} • Contract Act [ non gratuitous act , section 70,} • Civil procedure code{ section 73} • Inherent power of court [151] • Equity dislikes joint tenancy • Partnership act 1932 section 13{b}
  • 15. • Aurat Foundation v. Federation of Pakistan(2019): • This case addressed gender-based discriminationand highlightedthe importance of ensuring equal rights and opportunitiesfor women. The Supreme Court of Pakistan emphasized the need for gender equalityand protection against discrimination. • Mst. Farzana Naqvi v. Government of Punjab (2010): • This case dealt with issues relatedto discriminationagainstwomen in the workplace. The court, in its decision, highlightedthe principle of equality before the law and the importance of protecting women's rights in employment. • Asma Jilani v. Government of the Punjab (1972): • In this case, the Supreme Court of Pakistan discussed the concept of equalitybefore the law and emphasized the importance of treating all citizens equallywithout discrimination.
  • 16. summary • Equity does not play favourites .