Equity XIV
2)
Equity follows the law i.e. it works to mitigate and tamper the harshness of
the law. Equity does not overrule common law judgments or decisions but rather
acts in personam i.e. its decisions effect only those who are party to it and
does not affect others. In Re Diplock (1948) for example, the rightful
beneficiary was entitled to trace monies that were wrongfully paid to a
charity. Despite the fact that the transfer was legal, the beneficiary had an
equitable right to it and therefore the beneficiary was allowed to trace
(tracing allows the rightful owner to recover property and monies that were
wrongly given to another or transferred without the consent of the rightful
owner) the monies.
Copyright
© 2019 by Dyarne Jessica Ward
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