Wednesday, July 29, 2015

Equity and the Law

It  has  been  said:  “[E]quity  must  follow  the  law.    But  where  the  law  provides  no
remedy,  equity may  do so.” To that  since “equity must follow the  law,” where the law prohibits a remedy, equity may not do so.   This was illustrated in a case the Mississippi Court of Appeals decided on Tuesday which was Mosley v. Triangle Townhouses, LLC located here.  The issue in the case was whether an individual could get a finder fee in the absence of a real estate license.  The Court of Appeals affirmed the trial court in finding that since the plaintiff was not a licensed agent, he had no legal right to a fee and equity could not create a remedy in violation of law. 

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