Maxims of Equity Flashcards
What are the maxims of equity?
General principles which developed from the Court of Chancery over the years
Some equitable principles contradict each other, or may even overlap. True/false?
True
What does Smyth say about maxims?
They serve as a framework within which the court could make decisions. However, it could be argued that the need for equitable maxims has become less useful over time.
What is the first maxim of relevance to the Enoch Burke case?
He Who Seeks Equity Must Do Equity
What maxim looks to the future conduct of the parties?
He Who Seeks Equity Must Do Equity
What modern relevance does He Who Seeks Equity Must Do Equity have?
Granting of interim injunctions at the interlocutory stage
What is a key feature of He Who Seeks Equity Must Do Equity?
Some form of action is required on the part of both parties
What might happen if the court finds in favour of the applicant?
They may also require them to provide some form of remedy to the other party
What might this action of the part of the other party be? [Action One]
An undertaking as to behaviour
What happened in Chappell v Times Newspapers Ltd?
- Here, the plaintiff sought an interim injunction preventing the employer from terminating their contract of employment.
- However, the applicant would not agree to stop engaging in disruptive behaviour.
- The court disallowed the relief.
What other action might the other party have to make? [Action two]
An undertaking as to damages
What happened in Dolan v Reynolds?
The plaintiff was granted an injunction to remove her brother, the defendant, from the family property but the court required the defendant to compensate her brother for the works that were done to the property.
What happened in the Burke case, in terms of an undertaking as to damages?
- Dignam J had to consider whether the defendant’s refusal to give an undertaking as to damages could be fatal to the relief sought.
- He stated that while an undertaking is almost always required, the failure to provide such is not fatal and was at the discretion of the court.
- Consequently, he declined to refuse the relief on this basis.
- However, the relief was refused on the basis of his behaviour.
So, is He Who Seeks Equity Must do Equity relevant?
- It follows then that this maxim is particularly relevant in the modern legal system with regard to balancing the rights of parties.
- It continues to be considered in modern case law when granting interim relief in the form of injunctions.
What does the maxim He Who Comes To Equity Must Come With Clean Hands require?
Requires that a person seeking relief must refrain from dishonest or disreputable conduct.
He Who Comes to Equity Must Come With Clean Hands is concerneed with the present behaviour of the applicant. True/False?
False. It is concerned with the past behaviour of the applicant.
What happened in Overton v Bannister?
- An infant misrepresented her age in order to derive the benefit of her trust early.
- She later attempted to sue her trustees for the trust the improperly paid to her.
- As she has acted with mal fides her claim failed.
What happened in Argyll v Argyll?
The court would not allow adultery to be considered as not coming to equity with clean hands, even though the act was considered to be ‘repugnant’
What was stated by Finlay CJ in Curust Financial Services Ltd?
There must be some element of depravity above that of a mere breach of contract
What the Clean Hands maxim considered in Burke?
Yes, but the court used their discretion to not base their judgment on the past conduct of the defendant.
Is Equality is Equity still used in modern legal systems?
Yes, in terms of property disputes.
What does equity assume where there is no evidence of joint tenancy?
A tenancy in common arises. (Both parties hold the property in equal shares)
What was made clear in EB v SS?
Equality is equity can have no application where a statutory provision indicates how an estate is to be divided.
Is Equity follows the Law still relevant?
Yes.
