Maxim: 10. Equity looks on that as done which ought to be done.

The maxim, equity looks on that as done which ought to be done, elaborates that equity treats a contract to do a thing as if the thing were already done.

• It is applicable when one of the parties lies under an obligation to the other.
• This maxim is in favor of persons entitled to enforce the contract specifically and not in favor of volunteers.
• Agreement is considered as performed as from the time when they ought to have been performed.
• E.g. Equity will deal with the subject matter of the contract and in regard to the consequences and incidents as if the contract had been executed.

Examples:

The doctrine of Conversion:

The doctrine of conversion is an equitable principle that treats a person as having done what he is obligated to do. It treats property as if it is in the form intended by the owner. For example, if someone is obligated to convert real property to personal property, equity may deem one type of property to be another. E.g. equity may consider money directed to purchase land as the land itself.

Sale:

Where a sale agreement is made. At law, the ownership remains with the vendor. While at equity, the vendee is the owner of the land and the vendor is the trustee of the vendee.

Precatory trust:

When a trust is created by the use of such words as “I wish, I desire, I hope, I hope and doubt not”, it is called precatory trust. Such trusts strictly lack the most essential condition for the creation of a trust because the words used to create a trust must be imperative. Equity regards them as a species of express trust which are enforced accordingly under this maxim.

Pakistani law:

The maxim, equity looks on that as done which ought to be done, is also applicable in certain cases in Pakistan.

The Transfer of Property Act:

Section 53-A incorporates the equitable doctrine of part performance.

The Trust Act of 1882:

Section 91 provides that the purchaser of a property with notice of a pre-existing contract about the same property shall be a constructive trustee for the person who has agreed to purchase the said property.

Read also: Maxim: 8. Equality is Equity.

Read also: Maxim: 9. Equity looks to the intent rather than to the form.