Common law & Equity

Equitable Maxims:

''He who comes to equity must come with clean hands'':

• In other words, an equitable maxim willl not be granted to a paintiff who has not acted fairly
• D&C Builders v Ltd Rees- The builders agreed to accept part payment of a debt, but later sued the Rees' for the remaining balance. The Rees' had not come with clean hands as they knew the builders were having financial difficulties and took advantage of that

''Dealy defeats equity'':

• You must not wait too long before bringing your claim to court as it could lead to unfairness on the other party
• Leaf v International Galleries- Plaintiff was solf a painting which both parties believed was by Constable. Rescission could not be awarded wince there had been a delay of 5 years between the contract and the discovery that the painting was not by Constable

''He who seeks equity must do equity'':

• This means that yoy must be willing to act fairly towards the other party
• Chappell v Times Newspaper- Newspaper employees who had been threatended with the sack unless they stopped their strike action applied for an injunction to stop their employers from carrying out the threat

Injections:

Mandotory:

• commands a person to perform…