Equity

He who comes to equity must come with clean hands

He who comes to equity must come with clean hands 1. Introduction: The person seeking relief must not himself guilty of illegal or immoral conduct with regard to the same transaction which would disentitle him from any assistance of the court. the cou…

Equity will not suffer a wrong to be without a remedy

Equity will not suffer a wrong to be without a remedy Ubi Jus ibi Remedium 1. Introduction: Equity courts are the courts of natural justice. Whenever a right is infringed, a remedy is available. There is always a remedy for a wrong. Only rights recogn…

Equity looks to the intent rather than the form

Equity looks to the intent rather than the form INTRODUCTION:  The maxim, or its substantial equivalent, that equity regards substance rather than form, has been frequently stated and applied. This principle is well established and is expressed in oth…

Equity sees that as done what ought to be done

Equity sees that as done what ought to be done 1. Introduction: The court of equity ignores the formalism of the events and tries to see the depth of realities where a personal obligation arises from a contract that which out have been done is conside…

Equity acts in personam

Equity acts in personam 1. Introduction: The court of equity always enforced its decree in personam. the court orders the decree of the court of equity, does not directly operate to transfer legal rights from the defendant to the plaintiff, but it i…

Equities are equal first in time shall prevail

Equities are equal first in time shall prevail INTRODUCTION:  It has been broadly stated that as between equities merely that which is prior in time will prevail. A more precise statement is that as between equal equities, the first in order of time w…

Delay Defeats Equity

Delay Defeats Equity 1. Introduction: Equity helps those who are vigilant toward their rights. reasonable diligence is the first requisite for an equitable relief. if a person has negligently slept over his rights for a length of time disproportionate…

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