Maxims Of Equity

Question 1

Define: equity will not assist a volunteer

Answer 1

A person cannot use equity to get something for nothing

Question 2

Define: he who comes to equity must come with clean hands

Answer 2

Anyone who seeks an equitable remedy must have acted honourably themselves

Question 3

Define: he who seeks equity must do equity

Answer 3

If you are seeking an equitable remedy you must show that you have acted fairly yourself

Question 4

Define: delay defeats equity

Answer 4

If you are seeking equitable remedy and delay, you are likely to be unsuccessful

Question 5

Define: equity looks to the intent, not the form

Answer 5

The courts will focus on the underlying intentions of the parties to a written document. Any discrepancies between the 2 parties and the courts will give effect to the intentions

Question 6

Define: equity will not suffer (permit) a wrong to be without remedy

Answer 6

Emphasises how the courts will create legal remedies where they are needed to achieve justice

Question 7

Define: equity acts in personam

Answer 7

Claims founded on equitable principles are directed against a specific person or if a company, a legal persons

Question 8

Define: equity follows the law

Answer 8

Refers to common law, equitable principles will only be used if the common rules or legislation do not take account of a relevant and important fact

Question 9

Define: equality is equity

Answer 9

Equitable principles will be applied to benefit people in the same legal position equally

Question 10

Define: equity sees as done that which ought to be done

Answer 10

Always following what appears to be the right thing to do