Equitable Maxims

Question 1

Equity follows the law

Answer 1

Equity operates within the frameworks of the existing legal system

Question 2

Equity will permit no wrong without a remedy

Answer 2

Equity aims to provide a remedy for every legal wrong

Question 3

Where equities are equal, the law prevails

Answer 3

Woks alongside the existing legal framework but acknowledges the limitations

Question 4

Where equities are equal, the first in time prevails

Answer 4

The claim that arose first takes priority

Question 5

He who seeks equity must do equity

Answer 5

If you seek equitable relief you must fulfill your own obligations and act equitably yourself

Question 6

He who comes to equity must come with clean hands

Answer 6

Must act in good faith and with no wrong doing

Question 7

Delay defeats equity

Answer 7

Act promptly with no undue delay

Question 8

Equity abhors a vacuum

Answer 8

Against principle for piece of property to have no owner, court will assign the property to somebody

Question 9

Equity looks to substance not form

Answer 9

Looks beyond technicalities and formalities to focus on the substance of the case

Question 10

Equity will not permit a statute to be used as an instrument of fraud

Answer 10

Will intervene if party uses statutes to cover for fraud

Question 11

Equity imputes an intention to fulfil an obligation

Answer 11

Equity looks at substance of parties actions and intentions rather than strict adherence to letter of obligation

Question 12

Equity regards as done that which ought to be done

Answer 12

Allows court to treat an act as it had been performed in the manner it should have

Question 13

Equity acts in personam

Answer 13

Acts against individuals not property. Personal responsibility and obligation of parties involved

Question 14

Equality is equity

Answer 14

Equality strives to restore balance and fairness by equalising rights

Question 15

Equity will not allow a trust to fail for want of a trustee

Answer 15

Won’t allow a trust to become invalid because of absence of trustee, will ensure trust continues and purpose is fulfilled

Question 16

Equity will not assist a volunteer

Answer 16

Does not provide assistance or remedies to individuals who have provided no consideration for the benefit they seek

Question 17

Equity will not perfect an imperfect gift

Answer 17

Equity will not intervene to perfect a gift if the donor has not fulfilled all the necessary legal formalities