Prevalence of Equity

 



UK: “Generally, in all matters not herein before particularly mentioned in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail.” - Supreme Court of Judicature Act 1873

In England, courts of law (as opposed to equity) were combined with courts of equity by the Judicature Acts of 1873 and 1875, with equity prevailing in case of conflict.

Other examples proving the prevalence of contract law:

US: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. - (US Constitution, Article 1, Section 10, Clause 1)

France: “agreements legally entered into have the effect of laws on those who make them.” - French Civil Code

Philippines: Obligations arising from contract have the force of law between the contracting parties and should be complied with in good faith (Article 1159, Civil Code) - MACASAET v. COAG.R. No. 83748, EN BANC, May 12, 1989, MELENCIO-HERRERA, J.

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