Meaning
Plato defined that “If you cannot find any other, equality is the proper basis.” This maxim is also explained as “equity delighteth in equality”, which means that as far as possible equity would put the litigating parties on an equal level so far as their rights and responsibilities are concerned.
Thank you for reading this post, don't forget to subscribe!Justice Fry said, “When I say equality, I do not mean equality in its simplest form, but which has been sometimes called proportionate equity.”
Application and cases
Application of this maxim can be understood from the following:
- Equity’s dislike for joint tenancy and presumption of tenancy-in-common
- Equal distribution of joint funds and joint purchases
- Contribution between co-trustees, co-sureties and co-contractors
- Ratable distribution of legacies
- Marshalling of assets
