Where Equities Are Equal the Law Prevails?

When two parties want the same thing and the court cannot in good conscience say that one has a better right to the item than the other, the court will leave it where it is.

Where the equities are equal the law shall prevails?

Where the equities are equal, the law prevails. In case neither of the parties has been wronged and both stand at an equitable position, the legal remedy will be prioritized. Equity shall not provide any specific remedy in case both the parties have equal causes.

Where there is equal equity the law shall prevail and where the equities are equal the first in time shall prevail?

This is an application of the equitable maxim.” Where the equities are equal, the first in time shall prevail.” Indeed, Fry J. observed” As between persons having only equitable interests, if their equities are in all other respects equal, priority of time gives the better equity, or, 'Qui prior est.