Equity & Trusts · Lecture notes

Twelve Maxims of Equity, Applied

The maxims are not poetry. They are argument moves — delay, clean hands, equality, and the trust that follows the land.

Hornbook Faculty4 min read0 reads

Equity developed to soften the common law. In a modern mixed system the maxims are still how you justify a remedy the statute does not spell out: specific performance, injunction, rescission, rectification, tracing, and the constructive trust. Learn a short application for each maxim, not a Latin tattoo.

  • Equity will not suffer a wrong to be without a remedy — the origin of many injunctions.
  • Equity follows the law — it does not contradict statute or legal title without a reason.
  • He who seeks equity must do equity — conditions can be imposed on the claimant.
  • He who comes to equity must come with clean hands — misconduct in the transaction bars relief.
  • Delay defeats equities — laches is not the same as limitation, but it is cousin to it.
  • Equality is equity — joint accounts, equal division where shares are unclear.
  • Equity looks to the intent rather than the form — a mortgage is a mortgage.
  • Equity looks on that as done which ought to be done — specifically enforceable agreements.
  • Equity imputes an intention to fulfil an obligation — the doctrine of performance.
  • Equity acts in personam — orders bind the person, which is why contempt still matters.
  • Where the equities are equal, the first in time prevails — notice and priority.
  • Where the equities are equal, the law prevails — the bona fide purchaser for value without notice.

Trusts in one page

The three certainties (Knight v Knight): intention, subject-matter, objects. A trust of land should satisfy formalities. Resulting trusts respond to unpaid contribution and incomplete disposal. Constructive trusts respond to unconscionability — including the vendor under a specifically enforceable contract, and the fiduciary who takes a bribe. Tracing in equity needs a fiduciary relationship and a surviving identifiable fund.