maxims of equity

Question 1

what are maxims?

1 case

maxims;

Answer 1

guiding principles; they summarise some of the complex principles in a pithy statement.
boardman v phipps; rules of equity must be applied in a great diversity of circumstances stated in the most general terms; this is what maxims do.

over time, maxims may need redifining to reflect equity currently.

Question 2

what are maxims?

1 case

maxims; 9 OF THEM

5 cases

3 persons

Answer 2

guiding principles; they summarise some of the complex principles in a pithy statement.
boardman v phipps; rules of equity must be applied in a great diversity of circumstances stated in the most general terms; this is what maxims do.

over time, maxims may need redefining to reflect equity currently.

maxims:
1. equity will not suffer a remedy without a remedy; trust

2. equity follows the law
   - equity will not interfere where a rule of law is available and offers a remedy at is not unconscionable.
   - equitable interests follow the model of legal ones; legal mortgages v equitable mortgages; they IMITATE BUT THEY ARE NOT SIMILAR!!!!!
3. he who comes to equity must come with clean hands; Overton v barrister (on trust and daughter who had lied to be of age). retrospective!!!!
   Argll v argll: injunction given to wife to stop husband publishing confidential information. even though it was adultery on her part. the cleanliness of someone’s is to be judged from the relief sought.
   general conduct is unacceptable does not mean that equity will deny relief to the claimant.
4. equity will look to the substance not form: street v Montford.
5. equity looks at what ought to be done; walsh v lonsdale + basis for the doctrine of conversion.
6. delay defeats equity; doctrines of laches
7. equity imputes an intention to fulfil an obligation. - the doctrine of performance and satisfaction. equity presumes a man intends to be just be being generous.
8. equity is discretionary -
   ~lord Camden (doe v kersey) hates it
   ~ sir Thomas more use discretion but guided by equity and justice.
   ~ hart - the need for identifiable principles to guide discretion and cases are treated alike. so that it is defensible and predictable.
9. equity is cynical; highly suspicious.
10. equity is triggered by unconscionability

Question 3

maxims well-grounded that have created doctrines

3

Answer 3

1. satisfaction
   - equity imputes an intention to fulfil an obligation
2. conversion
   - equity treats as done what ought to be done.
3. laches
   - equity aids the vigilant not the indolent