Maxims of Equity Flashcards
What are they?
Short pithy Statements to denote the general principles that are supposed to run through equity.
Paraphrasing statements of equity, yet they are not uncontested but do serve as a helpful guide
Equity will not suffer a wrong to be without a remedy
If law identifies a wrong with no remedy then equity will step in.
Ashby v White - If you have a right then you must a have a remedy if exercise or enjoyment of it harmed
Equity follows the law
It will come to the same answer as common law, unless a reason not to eg no justice
Maitland - Not come to destroy but to fulfil law
He who comes to equity must come with clean hands
Referring to the conduct of the pursuer/claimant
D & C Builders v Rees - Knew of builders difficult finical situation
Where the equities are equal the first in time shall prevail
Party will earlier interest will have priority
Delay defeats Equity
Unreasonable delay will preclude access to equitable remedies
Lindsay Petroleum Co v Hurd - Length of delay and nature of acts done during the interval
Nelson v Rye
Equity looks at the intent rather than the form
Tulk v Moxhay - Sale of land with cause to keep plot uncovered by buildings
Equity is Equality
Parties treated as equal
Equity looks on as done that which ought to have been done
Looks at what would have been done if formalities complied with, so they can drift from formalities
Walsh v Lonsdale - Contract created equitable one
Equity imputes an intention to fulfil an obligation
If a party has done an act which might be seen as fulfilling their obligations then it will be interpreted as such by the judges
Equity acts in personam
Equity involves rights against a particular person. Equitable rights are debated if property is obtained by good faith purchaser for value.
Proprietary rights
Penn v Lord Balitmore
Equity doesn’t assist an volunteer
Thorner v Major similar
Must prove rather detrimental on promise to not think volunteer
