MAXIMS
OF EQUITY
MAXIMS OF EQUITY
Throughout its evolution, numerous maxims of equity have been formulated. These are not strict legal rules, but rather statements of general principles that may apply in the absence of contrary authority. It should be noted that several maxims contradict others and that many maxims overlap. The first 12 maxims are traditionally recognised as maxims of equity; however, maxims 13–17 could also be regarded as such. The maxims are:
Equity will not suffer a wrong to be without a remedy -Where statute or common law does not provide for the remedying of a wrong; it is equity which intercedes to ensure that a fair result is reached.
Equity follows the law - The principle is that statute will be obeyed.
Where there is equal equity, the law prevails - Where there is no clear distinction to be drawn between parties as to which of them has the better claim in equity, the common law principle which best fits the case will be applied.
Where equities are equal, the law prevail - Equity will favour whoever created their rights first. A mortgagee would be given priority over another mortgagee if he created his mortgage before the other.
He who seeks equity must do equity - Whoever seeks equity must have acted entirely fairly themselves. A Court of Equity will not act in favour of someone who has, for example, committed an illegal or act.
He who comes to equity must come with clean hands - A person claiming rights under an agreement to which they are not complying with will not be assisted by equity.
Delay defeats equity - Equity aids the vigilant and not the indolent. If a claimant allows too much time to elapse between the facts giving rise to her claim and the service of proceedings to protect that claim, the court will not protect her rights. The doctrine of not allowing an equitable remedy where there has been unconscionable delay is known as ‘laches’ (Partridge v Partridge [1894] 1 Ch 351).
Equality is equity - It is ancient principle that ‘equity did delight in equality’.
Equity looks at the intent rather than the form - Equity will give effect to the substance of any transaction rather than merely to its surface appearance (Parkin v Thorold (1852) 16 Beav. 59).
Equity imputes an intention to fulfil an obligation - The principle assumes an intention in a person bound by an obligation to carry out that obligation.
Equity regards as done that which ought to be done - Equity will consider that something has been done if the court believes that it ought to have been done. In Walsh v Lonsdale (1882) 21 Ch D 9, a binding contract to grant a lease was deemed to create an equitable lease even though the formal requirements to create a valid common lease had not been observed.
Equity will not assist a volunteer - A trust operates on the conscience of the legal owner of the property.
Equity will not allow a statute to be used as an engine of fraud.
Equity abhors a vacuum - Equity will not allow there to be proprietary rights which are not owned by some identifiable person (Vandervell v IRC [1967] 2 AC 291).
Equity will not permit a person who is trustee of property to take a benefit from that property qua trustee.
A trust operates on the conscience of the legal owner of the property - The legal owner of a property will be obliged to hold it on trust for any persons beneficially entitled to it where good conscience so requires.
LAW BOOKS
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