Example sentences of "the rules [prep] equity " in BNC.
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| 1 | He is speaking really of two different kinds of law — the Common Law on the one side , the rules of Equity on the other — which are equally law . |
| 2 | On the contrary , the rules of Equity are only a sort of supplement or appendix to the Common Law ; they assume its existence but they add something further . |
| 3 | Further , the rules of Equity , though they did not contradict the rules of Common Law , in effect and in practice produced a result opposed to that which would have been produced if the Common Law rules had remained alone . |
| 4 | In this sense we may speak of a ‘ conflict or variance ’ between the rules of Law and the rules of Equity , in the language of section 25 ( sub-section 11 ) of the judicature Act 1873 ( now replaced by section 49 of the Supreme Court Act 1981 ) . |
| 5 | Like the Common Law , the rules of Equity are judicial law , i.e. to find them we must look in the first instances to the decisions of the judges who have administered Equity . |
| 6 | All this tends to create a more definitely legal character for the rules of Equity . |
| 7 | Finally , the judicature Acts in 1873–5 abolish the old Court of Chancery , as they abolish the Common Law Courts and certain other courts , and establish a new court — the High Court of justice — which has all the powers of a Court of Common Law and a Court of Equity , and in which both sets of rules , the rules of Law and the rules of Equity , are administered ; but in which , if there is ‘ conflict or variance ’ between them , the rules of Equity are to prevail . |
| 8 | Finally , the judicature Acts in 1873–5 abolish the old Court of Chancery , as they abolish the Common Law Courts and certain other courts , and establish a new court — the High Court of justice — which has all the powers of a Court of Common Law and a Court of Equity , and in which both sets of rules , the rules of Law and the rules of Equity , are administered ; but in which , if there is ‘ conflict or variance ’ between them , the rules of Equity are to prevail . |
| 9 | The rules of Equity as to stipulations about time and other provisions which would not be held by Equity to be of the essence of the contract , are to prevail in all cases . |
| 10 | Finally , the 25th section ( now substantially re-enacted by section 49 of the Supreme Court Act 1981 ) contains a general provision that in all other matters where there is a conflict or variance between the rules of Law and the rules of Equity the latter are to prevail . |
| 11 | In case of conflict between the rules of equity and the common law it was provided by s. 25 of the 1973 Act , now s. 49 , Supreme Court Act 1981 , that the rules of equity would prevail . |
| 12 | In case of conflict between the rules of equity and the common law it was provided by s. 25 of the 1973 Act , now s. 49 , Supreme Court Act 1981 , that the rules of equity would prevail . |