Equity does not make law, but assists law.

Explanation

Equity is not a rival system of law — it is an auxiliary that fills gaps and prevents injustice where the strict letter of the law falls short.

Where this applies

• A court of equity is asked to create a new legal rule rather than fill a gap.
• Someone wants equity to substitute for the legislature.

See also

• 1.4.3 Equity is the correction of the law where, by reason of its generality, it is deficient.
• 1.4.4 Equity follows the law.