Equity law ,its development and maxims presentation

What is Equity,
its development And maxims of Equity

1. Equity law Presentation
SUBMITTED BY-ABHISHEK 16BCL1022
SUBMITTEDTO-MS.NIKHIL ATTRIMAM(ASST.PROF)

2. What isequity
•Equity is a legal system for obtaining a fair result when
existing laws do not provide asolution
•equity is the set of legal principles that supplement strict
rules of law where their application would operateharshly
According to Osborne –’it is primarily fairness or
naturaljustice’
Plato “equity is a necessary element
supplementary to the imperfect generalization of
legalrules”
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3. After the conquest of England by Normans in the 11
th
century , Common Law had taken a definiteshape
3 courts court of common law were kings bench,
Common Law Pleas andExchequer
If a person wants an action at common law , fees
should be remitted fromChancery
An injury party can sue only if it come under the
scope of an existingwrit
If litigants could not get justice, they can sue
directly to theking
Development ofEquity
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4. 4
Development ofEquity
The major deficiencies of common law were:
1.Incomplete or no remedies in many cases
2.Inadequaterelief
3. Incomplete and defectiveprocedure
The rules of equity arose in England when the strict limitations of common law would not
solve all problems
In 1348 the king completely assigned his equity jurisdiction to theChancellor
•Earl of Oxford’s Case (1615) 21 ER485
•It was decided that in cases of conflict between common law and equity, equity was to
prevail
•Judicature acts1873-75 They created one system of court by amalgamating the common
law courts and the court ofequityHowever, this did not fuse the principles of common
law and equity, which still remain as separate bodies of rules

5. Equity inIndia
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❑In India the common law doctrine of equity had
traditionally been followed even after it became
independent in1947
❑Under the 1963 “Specific Relief Act", most equitable
concepts were codified and made statutory rights,
thereby ending the discretionary role of the courts to
grant equitable reliefs.

6. MAXIMS OFEQUITY
The maxims of equity may fairly be described as a set of
general principles which are said to govern the way in
which equityoperates
In contrast to the common law, maxims are more
flexible, responsive to the needs of the individual and
more inclined to take account of the parties’ conduct
andworthiness.
None of the maxims is in the nature of a bindingrule.
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7. Equity will not suffer a wrong withouta remedy
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•wherethereisdefectinthecommonlawthenequityshouldprovideand
answer
•This maxim is a restatement of the broad legal principle: Ubi jus, ibi
remedium, "Where there is a right, there is aremedy.
•Equitywillnotallowthetechnicaldefectsofthecommonlawto
prevent worthy plaintiffs from obtainingredress.
example : Ashby vWhite
Equity follows thelaw
oEquity developed as a response to the defects of thecommon
law; however, it did not aim to override the commonlaw
oEquity will, where possible, ensure that its own rule are in line with the common
lawprinciples
Example : Stickland VAldridge

8. 8
•Hewhocomes to equitycome with cleanhands
•Aclaimantseekinganequitableremedymustnothimself be
guilty of unconscionableconduct.
•Thecourtmaythereforeconsiderthepastconductofthe
claimant.
CleavervMutualReserveFundLifeAssoc.[1892]
Awomanwhohadmurderedherhusbandwasdenied
therighttoclaimthepayoutunderalifeinsurancewritteninher
favour,onthebasisthatsheshouldnotprofitfromhercrime.
He who seeks equity must do equity
The maxim means that do obtain an equitable relief the plaintiffmust
himself be prepared to do“equity”, thatis there must bereciprocity
Example: Lodge V National Union Investment CoLtd

9. 9
Delay defeatsequity
a personwhoseeks equitable relief must do so within a reasonabletime.also
known as equity aids the vigilant , not those who slumber /sleeps on theirright
Example: ChatrabhujV MansukhramAIR 1925 Bom183
EQUITYACTSINPERSONAM Itisthenatureofequitableremediesthattheygenerallyoperateagainstthe
personofthedefendant.
•Judgmentismadeagainstindividual.
•Thismaximcomesinhandywithregardtopropertiesheldabroad.Equitycanmakeordersaffectingproperty
outsideitsjurisdictionbymakingordersagainstthepersonofthedefendantinthejurisdiction.
PennVLordBaltimoreAnorderofspecificperformancewasgrantedtotheplaintiffwho
broughtaboundarydisputecasetoanEnglishcourt,yetthelandwasinMaryland,intheUSA.
ThepartiestothedisputewereEnglishandbothlivedinEngland.

10. Equity delights inequality
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•Wheretwo presonam have an equal right, the property will
be dividedequally.
•Equity will not playfavourites.
•Ifthereisadisputeoverpropertyinwhichmorethanone
partyhasabeneficial interest, that property will be divided
equally.
•Thismaximdoesnotapplyifthereisevidencethattheproperty
should be divided amongst the parties in some othermanner.
Example :MIDLAND BANK V COOKE [1995]4 ALL ER562

11. 11
EQUITY LOOKS TO THEINTENT RATHER THAN THEFORM
Equity looks to the spirit and not to theletters
It looks to the intention of the parties and not to the words
It looks to the realities rather than to mereappearnces
EQUITYLOOKSON THAT ASDONE WHICH OUGHT TO BEDONE
What one had undertaken to do, Binding his conscience, ought to bedone
For ex: A leaves 50000 to T purchase land for P.
T doesnotpurchase & P dies by the time leaving immovable
to X and rest toY.
Who should get 50000, X orY?

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EQUITYIMPUTESANINTENTIONTOFULFILANOBLIGATION
Ifapersonisunderanobligationtodocertainact,andhedoesomeotheract,
whichiscapableofbeingregardedasanactoffulfilmentofhisobligation
Equityinsuchcasespresumesandimputesanintentionthatthelatteractwas
intentedtobeinperformanceoftheformer
Other maximsinclude
•WHERE THE EQUITIES ARE EQUAL , THE FIRST IN TIMEPREVAILS
•WHERE THE EQUITIES ARE EQUAL, THE LAWPREVAILS