Difference Between Law and Equity (With Table)

Rules and regulations are important for the smooth flow of daily work and also for maintaining a strict routine for everyone. Rules and regulations are there everywhere and they are present even in large organisations and as well as small organisations.

Now, law and equity are huge terms in the world of law. Law means the body of rules that is regulated by a particular government. Equity, on the other hand, means a set of rules that follow the natural law and equality in terms of fairness.

Law vs Equity

The difference between law and equity is that law is the body of rules that are controlled by the government of a particular country whereas equity, on the other hand, is just a set of rules that follows equality and fairness.

Both these are common terms used by lawyers and also in courts because they have a significant meaning in them. So, it is important to know how they are different from each other.

Comparison Table Between Law and Equity

Parameters of ComparisonLawEquity
DefinitionLaw means the body of rules that is controlled by a government of a particular country.Equity, on the other hand, means set of rules that accompanies natural laws and equality in terms of fairness.
Settling of a CaseWell, in the court of law an ongoing case is heard by the jury and also by the judge and then decision is made by them.In equity, it is only the judge who hears and then settles the case all by himself/herself.
Monetary damagesLaw court can order monetary damagesEquity court does not order monetary damages.
Writs and InjunctionsLaw courts order writsEquity court order injunctions.

What is Law?

Law means a body of rules that are controlled by the government of a particular country. Law is present everywhere right from large organisations to the whole country. Remember that the law of a company and the law of a country might not be the same.

The law of India is huge because of its diversity. However, if everything is legal and everyone follows the rules and regulations of the country then there should be no problem for that person. It is considered to be a punishable act if a person is not acting according to the laws or abiding by the rules.

People who do not obey the law or the rules of a country are punished and are known as criminals. Law means how you should treat each other and live peacefully with each other. There should be no mischievous act done in order to harm others because that means you are going against the law.

The laws created in a country are controlled by the government but they are enforced by the courts. The aim of creating laws is that people can have lived a harmonious life and also with freedom. Well, freedom does not mean conducting unfair means. There are laws for everything and also in every area. Say suppose there is a marriage dispute then the Family court pr family laws come in.

Similarly, there will be laws if you commit a certain crime say suppose theft then there are certain actions that will be taken against you according to the laws. Now, laws might not be the same for every country because every country has got its government.

What is Equity?

Equity, on the other hand, is a set of rules that follows the natural law and fairness. Equity goes way back that was developed in a court in England. The concept of equity was designed to maintain strict rules and regulations.

Equity law meant to treat everyone equally and thus a set of rules was created so that everyone who deserves justice and fairness gets that in the court. Equity law is said to follow the natural law. Earlier when there used to be cases then whenever a decision made was unfair then the defendant could have had the chance to appeal to the King of England.

The King would then transfer the responsibility to the chancellor. Nobles and clergymen were considered to be the chancellors at that point of time and later the lawyers were appointed as the chancellors.

So you can understand now where the equity set of rules is used. Well, it is used whenever there is a disagreement of a certain decision then the set of equity laws used to be applied. In an equity court, there is only a judge and the judge himself gives the decision by hearing the case.

Main Differences Between Law and Equity

  • Law means a body of rules that are controlled by the government and enforced by a court of a particular country whereas equity means a set of rules that follows the natural law and equality in terms of fairness.
  • In an equity court, there is only a judge who will listen to the case and then make the judgement whereas in the case of a law court there is a jury and also a judge present to hear the case.
  • In the law court, the law can order writs while, equity, on the other hand, can only order injunctions.
  • In the court of law monetary penalty can be ordered to the defendant whereas in equity the defendant has to give back whatever he/she has taken from the other person.
  • Monetary damages are not ordered in the equity law.

Conclusion

Everyone has to follow the rules and regulations of a country or in an organisation. Whether it is a large organisation or a small organisation everyone will have certain rules because you cannot do anything as you wish to. Similarly, a country can have certain laws so that the people live in harmony by taking care of each other.

References

  1. https://academic.oup.com/ojls/article-abstract/22/1/1/1429378
  2. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=209312
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