Equity Today Flashcards
What created equitable maxims?
Equity
What is an equitable maxim?
A legal principle which assists judges in making decisions to ensure they are morally fair.
What are the equitable maxims?
He who seeks equity must come with clean hands
He who seeks equity must do equity
Delays defeats equity
What does the equitable maxim ‘he who seeks equity must come with clean hands’ mean?
That if the claimant has been in the wrong some way then they will not be granted an equitable remedy
What case illustrates ‘he he seeks equity must come with clean hands’?
D & C Builders v Rees
What happened in the case of D & C Builders v Rees?
A small building firm did some work on a house, the claimant paid £250 upfront. The bill came to £732, when the builders asked for the remaining sum Rees declared the work was defecting and gave them £300. The builders reluctantly accepted the money being in a poor financial situation. Later the builders sued Rees, who suck a promissory estoppel.
What did Lord Denning rule in the case of D & C Builders v Rees?
That a promissory estoppel would not be granted because Rees had taken unfair advantage of the builders financial difficulties therefore had not come with clean hands.
What did maitland say about common law and equity?
“The two streams have met and still run the sand channel, but their waters do not mix”
What does ‘he who seeks equity must do equity mean’?
Anyone who seeks equitable relief must be prepared to act fairly towards their opponent
What case is related to ‘he who seeks equity must do equity’?
Chappell v times newspaper ltd
What is Chappell v Times Newpapers relevant to?
He who seeks equity must do equity
What happened in the case of Chappell v times newspapers ltd?
Times employees had been threatened they would be dismissed if they did not stop strike action, so they sought an injunction.
What was the outcome of Chappell v times newspapers ltd?
The court held in order to be awarded the remedy the strikers should agree to withdraw strike action. They refused to do this so the injunction was refused.
What is delay defeats equity?
Where a claimant waits an unreasonably long time to bring an action, equitable remedies will not be available.
What is an ‘unreasonably long time’ for delay to defeat equity?
Each case is assessed individually, there is no set time.
What case is relevant to ‘delay defeats equity’?
Leaf v international galleries
What is the case of leaf v international galleries relevant to?
Delay defeats equity
What happened in the case of leaf v international galleries?
The claimant brought a painting or Salisbury Cathedral described (innocently) by the seller as a genuine Constable. 5 years later the buyer discovered we it was not genuine and sought the equitable remedy of rescission.
What was the outcome of the case of leaf v international galleries?
The court held the delay had been too long
What word best describes the application of equity?
Discretionary
Use the word discretionary to describe equitable maxims in a sentence…
These maxims mean that the application of equity is discretionary
What was created to supplement the system of damage?
Remedies
What has equity created to assist the system of damages?
Remedies
How are remedies applied?
They are discretionary and not automatically granted.
What is the only thing a claimant is entitled to?
Damages
What are the different remedies?
Specific performance
Rectification
Rescission
Injunctions
