Equitable maxims
Wednesday, 2 February 2022 14:29
Equity will not suffer a wrong without a remedy.
Equity follows the law. - Falcke v Gray
Where there is equal equity, the law shall prevail.
Where the equities are equal, the first in time shall prevail.
He who seeks equity must do equity.
He who comes to equity must come with clean hands. - Falcke v Gray
Delay defeats equity.
Equality is equity.
Equity looks to the intent rather than the form.
Equity looks on that as done which ought to be done. - Walsh v Lonsdale
Equity imputes an intention to fulfil an obligation.
Equity acts in personam.
Equity will not assist a volunteer.
Equity will not perfect an imperfect gift.
Equity abhors a vacuum.
Equity will not permit the provisions of a statute intended to prevent fraud to be used as an
instrument for fraud.
Equity will not permit a trust to fail for want of a trustee.
Equity and Trusts Page 1
Wednesday, 2 February 2022 14:29
Equity will not suffer a wrong without a remedy.
Equity follows the law. - Falcke v Gray
Where there is equal equity, the law shall prevail.
Where the equities are equal, the first in time shall prevail.
He who seeks equity must do equity.
He who comes to equity must come with clean hands. - Falcke v Gray
Delay defeats equity.
Equality is equity.
Equity looks to the intent rather than the form.
Equity looks on that as done which ought to be done. - Walsh v Lonsdale
Equity imputes an intention to fulfil an obligation.
Equity acts in personam.
Equity will not assist a volunteer.
Equity will not perfect an imperfect gift.
Equity abhors a vacuum.
Equity will not permit the provisions of a statute intended to prevent fraud to be used as an
instrument for fraud.
Equity will not permit a trust to fail for want of a trustee.
Equity and Trusts Page 1
