Equity Maxims Assignment Sample on Principles of Fairness, Legal Remedies, Trusts, Fiduciary Duties, and Equitable Doctrines in Contemporary Legal Practice.
Equity came into existence when there were felt to be injustices that were not catered for in the “common law system”. It stands on principles meant for providing justice where legal advocacy cannot do the work. The “maxims of equity” are general principles, which are followed by the England courts to bring reasonable justice in every case. It is also found that the “maxims of equity” help to determine the flexible equity that individual’s need, responsive natures contrasted with the “Common Law”. This essay mainly focuses to describe of four “maxims of equity” which include “Equity will not suffer a wrong to be without a remedy,” “He who comes into equity must come with clean hands”, “Equity acts in personam” and “He who seeks equity must do equity” in the following sections.
7 Years | LLM
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This axiom describes that equity seeks a remedy for the situation when legal aid is insufficient. Equity complements the “Common law” because it provides compensation to the litigants in as much as “common law” remedies fail or are unavailable[1]. This principle is the basis of equity since justice cannot work when the law fails to solve certain problems.
The “maxims of equity” can be reflect by giving the example of “Clarke v. Dickson" (1858) 27 Beav 167”. In the following case, the claim against the “Breach of Contract” was asked. However, the damages from the “Common Law” were not sufficiently addressed[2]. Under this case law, the court identified that “Common Law” is not sufficient to determine the adequate solutions for which equity needs to be intervened. This above-mentioned case law describes the failure of the “Common Law” for which adequate remedies is required. Therefore, from above discussion, it is clear that equity is that situation where the law cannot do anything. The “Law of Property Act 1925” emphasized on provisions of equitable interests including mortgages and trusts.
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In addition, as appended by the case of “Walsh v Lonsdale (1882) 21 Ch. D 9” the law of equity puts to light provision of remedies where the “Common law” remedies such as specific performance may not suffice.
The principle one “who comes to equity must do so with clean hands” means that, any person who wants to be considered in an equitable matter has to be free of suspicion or dishonesty on the underlying issues[3]. This principle is based on fairness and justice of the case so that a person who applies for compensation cannot benefit from his unlawful actions. Similarly, for “The Misrepresentation Act 1967” helps to identify the remedies against fraudulent issue.
In this case of “D&C Builders Ltd v Rees [1966] 2 QB 617” the court denied equitable contribution to the defendant who had made himself responsible of being fraudulent by putting pressure to the claimants and offer lower amount of payment[4]. As shown in this case, it is always relevant to consider the issues of equity where the defendant cannot be given an equitable remedy because of their misconduct.
This maxim is very useful in making sure that equity functions in the capacity of equity and it tends to ensure that no selfish persons use the equitable principles to chase after selfish gains. According to “Lord Justice Russell in D&C Builders Ltd v Rees”; cleaner hands are needed for one to be granted relief, in case this is not present the application would not be granted.
The phrase “equity acts in personam” means that equity main relief lies in a person. This is quite different from the “Common law” which often provides remedies that involve invasion of the property rights. As in equity, the emphasis is placed on personal remedies that demand an action to be taken by a specific person.
For instance, in “Walsh v Lonsdale (1882) 21 Ch D 9” in the context of enforcing the breached contract between the parties, equity operates in “personam” in this case while basic law fails to do so[5]. The specific case of the court ordering specific performance on the lease in an excellent example of equity is emphatic on compelling of a contractual provision.
It was also applied in “Tito v Waddell (No 2) [1977] Ch 106” and the court granted an equitable relief which was a constructive trust. The court did not try to change the ownership of a property directly but rather in “personam” through asserting that the defendant was a trustee for specified property due to the misconduct[6].
The phrase “He who seeks equity must do equity” simplified means that, when one is ready to demand fairness from others, one must be equally fair as well[7]. This was in the case of “Barton v Morgan [2003] 2 AC 1”, and the defense was not granted to the one who was claimed to had acted in equity unfairly by seeking to gain advantage when a party that another one was suffering a loss[8]. First, the court found that the claimant has not performed the obligation part of the agreement, and therefore could not get equitable remedies since they themselves have not been equitable.
Conclusion
The “maxims of equity” state general propositions of the “common law” that enables courts to do justice in certain cases. All the maxim is based on the fundamental values of equity, right conscience and individual accountability. The above section elaborately describes how the different “Maxims of equity” help to identify the equitable remedies and enhance the legal practice behaviors. This maxim also highlights that this maxim helps to provide justice and fairness with the entire legal barriers.
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References
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