Equity looks to intent rather than form. Maxims of equity 2019-01-09

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Section 7. Equity Looks At The Intent Rather Than The Form

equity looks to intent rather than form

The Court will look at the whole of the document to ascertain the testator's intention, rather than dismissing the trust because of individual clauses. The application of the maxim to the case before the court, is generally the only difficulty. That aside, there are particular beneficiary rights exempt from delay, and those include breach of fiduciary duty, undue influence or recession of contract; while s. The brother retaliates by taking action against him, but unfortunately during the hearing it emerges that the former owner acted in collusion so as to avoid surrendering the property as payment to his creditors, therefore his request for equitable remedy was built upon deception and avoidance of duties owed. In one very old case, a robber filed a bill in equity to force his partner to account for a sum of money. This maxim has been variously expressed: No one is entitled to the aid of a court of equity when that aid has become necessary through his or her own fault.

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Section 8. Equality Is Equity

equity looks to intent rather than form

The principal object of the contract is to perform it and not the compensation. A power may be legal or equitable but after 1925 all powers of appointment are necessarily equitable. Respectful, humourouse, gentle manner, etc. The provider of a bribe cannot recover it because he committed a criminal offence when he paid the bribe. This view is in use now but not as liberally as before.

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Maxims of Equity

equity looks to intent rather than form

Avoid inconsistent court orders 7. Originally the statute applied only to courts of common law. So, if one sleeps on his rights, his rights will slip away from him. Ensure that parties understand the reason for the outcome by promoting transparency of how decisions are made 8. Limit to the extent that maxim can be applied. When taken to court, the claimant was awarded damages, after which the ruling was later overturned in favour of the policemen.

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Equity looks to the substance rather than the form

equity looks to intent rather than form

Where this formality is not complied, the Trustee would hold the land on trust for the Settlor rather than the Beneficiary. Unless there is proof that one person in a group is in a special position, the law will assume that each should share equally in proportion to his or her contribution or loss. When the real nature of the claim was discovered, the bill was dismissed with costs, and the lawyers were held in of court for bringing such an action. This maxim indicates the width of the scope and the basis of on which the structure of equity rests. You certainly put a new spin on a topic that's been discussed for ages.

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Equity looks to the substance rather than the form

equity looks to intent rather than form

Although equity generally does look to intent rather than form, mere intention in the mind of the property owner is not enough. We are not concerned with issues of morality. Due to a disagreement in shares one of them filed a bill against another for accounts of the profits of robbery. Its purpose is to protect the integrity of the court. Although professing to be a trust, Wilfred is not under an obligation to appoint the nephews and provision is made for the property to pass to George if he does not. Where it would be practically unjust to give a remedy, either because the party has by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases lapse of time and delay are most material. The party who fails to perform on time would forfeit all rights under the contract.

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Maxims: Substance over Form

equity looks to intent rather than form

Audi alteram partem: let the other side be heard — formally or informally, each party should have the opportunity to: i. It includes that conduct which is not straight or lawful. It means only that rules, when they do not go to the substantial rights of one of the parties, in a given situation, are not to be allowed to subvert, to mere technical form, the actual right of another. The auxiliary jurisdiction : Again, to this maxim may be traced the origin of the auxiliary jurisdiction of the Court of Chancery, by virtue of which suitors at law were aided in the enforcement of their legal rights. In cases where subsequent ingredients are found, in early days, it was held by the equity courts that he had the intention.

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Section 8. Equality Is Equity

equity looks to intent rather than form

But B can not retain his property and at the same time take the property of A. And so in Bannister v Bannister, the owner of a property conveyed a party rent free occupancy of the home for life, after which they tried to evict them. This maxim is the remedy of. The aim of this article is to present them in as exhaustive a manner as possible, while including notable cases that explain their application. Upon his passing, it was discovered that he had failed to uphold his requirement during the lifetime of their marriage, by purchasing other lands that now fell within the residue of his estate, and required a successor in title other than his son. A contractor who completes work on a bridge one day late, for example, should not be treated as though he or she had breached the entire contract. If a fund loses a large amount of money through poor investment, then everyone who is entitled to benefits must suffer a fair share of the loss.


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The 12 Equitable Maxims

equity looks to intent rather than form

It's used in financial modeling to calculate a company's enterprise value. Sowden , a husband covenanted with the trustee of his marriage settlement to pay to them £50,000 to be laid out by them in purchase of land in a particular area D. He died and could not bring the land into settlement. This compelled the man to issue a writ of error against Parliament on grounds that such a verdict allowed any member of a local authority to choose who could vote, when such powers were conferred upon central government. Clearly this is not the case.

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Kenya Legal Resources: Maxims of Equity

equity looks to intent rather than form

The working of this maxim can be seen- i the doctrine of conversion ii Executory contracts iii doctrine of part performance i Doctrine of conversion- In the case of Lachmere v. They are flexible principles aimed at achieving justice for both sides in each case. This maxim is characteristic of the greater freedom of action of the courts, as compared with the common law courts, and of their efforts to do substantial justice rather than enforce technical rules. But in this case it was held that if the son had induced his father not to make a will by agreeing to divide the estate with his brothers and sisters, equity would have interfered and compelled him to carry out hi promise, because it would have been against conscience to allow the son to keep the benefit of a legal estate which he obtained by reason of his promise. Certainty of intention refers to a specific intention by a person to create a trust arrangement whereby Trustees which may include himself hold property, not for their own benefit but for the benefit of another person.

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Section 7. Equity Looks At The Intent Rather Than The Form

equity looks to intent rather than form

This maxim indicates the width of the scope and the basis of on which the structure of equity rests. It calls forth recognized remedies for well-established wrongs, wrongs that are invasions of property rights or personal or and that the law considers actionable. Agreements for value are thus often treated as if they had been performed at the time when they ought to have been performed. Decision: Held these actions were sufficient to infer that Mr C had made a declaration of trust of the money in the account and Mrs C was entitled to half of the account. He can only avoid doing equity if he gives notice that he is not putting up a new flat and therefore he will require painting.

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