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Introduction to Equity and Trusts - Maxims of Equity

An introduction to the law of equity including the historical background as well as the principles of equity. Equity is at its heart about fairness and making sure that the law is not applied too strictly so as to create injustice. However it is also important to not have a system that is overly capricious and so certain maxims of equity have been developed to ensure a degree of consistency. A system of common law and equity also creates practical challenges and two court systems meant that cases could last for years as criticised by Charles Dickens in his novel Bleak House. This issue was resolved by the Judicature Act 1873 that amalgamated the two strands and left us with the court structure that we have today. The maxims of equity are as follows: Equity will not suffer a wrong to be without a remedy Equity follows the law Where there is equal equity, the law shall prevail Delay defeats equity He who seeks equity must do equity He who comes to equity must come with clean hands Equality is equity Equity looks to intent rather than to form Equity looks on as done that which ought to have been done Equity imputes an intention to fulfil an obligation Equity acts in personam Equity will not permit the law to be used as an engine of fraud Equity will not assist a volunteer Equity abhors a vacuum