Maxim: 9. Equity looks to the intent rather than to the form. This maxim “Equity looks to the intent rather than to the form” elaborates that equity looks to the intention and…
Category: Shariah & Law
10. Equity looks on that as done which ought to be done.
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…
8. Equality is Equity.
Maxim: 8. Equality is Equity. The Maxim “Equality is Equity” states that equity puts the parties to a transaction on equality. Although, the strict rules of law give one party an advantage…
7. Delay defeats equity.
Maxim: 7. Delay defeats equity. (Equity aids the vigilant and not the indolent.) This maxim “Delay defeats equity” elaborates that unreasonable delay prevents the plaintiff from obtaining an equitable remedy. To understand…
6. He Who Comes to Equity Must Come With Clean Hands.
Maxim: 6. He Who Comes to Equity Must Come With Clean Hands. In the maxim “he who comes to equity must come with clean hands,” equity demands fairness not only from the…
5: He who seeks equity must do equity.
Maxim 5: He who seeks equity must do equity. This maxim, he who seeks equity must do equity, explains that a plaintiff must be prepared to give back equitable relief in return…
4: Where the equities are equal, the first in time shall prevail.
Maxim 4: Where the equities are equal, the first in time shall prevail. This Maxim “where the equities are equal the first in time shall prevail” elaborates that whenever there is a…
3.Where there is equal equity, the law shall prevail.
3. Maxim: Where there is equal equity, the law shall prevail. The doctrine of priority: Priority means the right of a person to enforce a claim in preference to another person. It…
2.Equity follows the law.
2. Maxim: Equity follows the law. Equity follows the law means that equity does not clash with the law or override its provisions, as the Court of Chancery has never claimed to…
1.Equity will not suffer a wrong without remedy.
Equity will not suffer a wrong without a remedy. (ubi jus ibi remedium) There is no value of right without remedy or enforcement. The maxim must be taken as referring to rights…