Maxims of equity

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"Equity will not assist a volunteer"
This means that a person cannot use equity to get something for nothing.
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"He who comes to equity must come with clean hands"
Anyone who seeks an equitable remedy msut be able to show that they have acted honourably themself. [Evert V Williams (1725)]
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"He who seeks quity must do equity"
A person seeking an equitable remedy must be able to show that they have acted fairly.
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"Delay defeats equity"
This means that the claimants seeking equitable remedies who delay are like;y to be unsuccessful.
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"Equity looks to the intent not the form"
This means that the courts will focus on the underlying intentions of the parties to a written document. If there are discpreancies between the lanuage of the document and the intentiond, the courts will give effect to the intentions.
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"Equity will not suffer (permit) a wrong to be without a remedy"
This emphasises how the courts will be prepared to create novel legal solutions (remedies) where they are needed to achieve justice.
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"Equity acts in personam"
This means that claims founded on equitable principles are directed against a specific person. As well applying to indivuals, this includes "Legal Persons" such as companies.
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"Equity follows the law"
"The Law" means, here, the common law. Equitable principles will only be used if the common rules or legislation do not take account of a relevant and important fact.
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"Equality is equity"
In general terms, equitable principles will be applied to benefit indivuals in the same legal position equally.
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"Equity sees as done that which ought to be done"
E.g. Equitable remedt of specific performance.This remedy has been used to require a person who is selling land to transfer the land in accordance with the contract, not allowing the seller to compensate the buyer for his purchase costs with damages.
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Explain equity is discretionary
This means that a court can decide the principles of common law are adequate and that it is not appropriate in particular case to use equitable principles and remedies.
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Other cards in this set

Card 2

Front

Anyone who seeks an equitable remedy msut be able to show that they have acted honourably themself. [Evert V Williams (1725)]

Back

"He who comes to equity must come with clean hands"

Card 3

Front

A person seeking an equitable remedy must be able to show that they have acted fairly.

Back

Preview of the back of card 3

Card 4

Front

This means that the claimants seeking equitable remedies who delay are like;y to be unsuccessful.

Back

Preview of the back of card 4

Card 5

Front

This means that the courts will focus on the underlying intentions of the parties to a written document. If there are discpreancies between the lanuage of the document and the intentiond, the courts will give effect to the intentions.

Back

Preview of the back of card 5
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