Qn. Briefly explain the maxims/doctrine of equity.

Approach.

Introduction

 Equity simply means principle of fairness and natural justice.

 Equity developed from the courts of chaser of England that its purpose was
to mitigate, reduce and control the difficulties of common law.
 In common law courts, there was a lot of rigidities and the aggrieved party
went away without any remedy.
 The courts of equity were not intended to override the common law but to
assist and work as alternative subject to resolve the fairness and justice.
 The principle gave rise to chasery courts to operate side by side with
common law courts and in their practice; they continued and applied fairness
which ultimately gave rise to a distinct set of doctrine called rules of equity.
 The chansery courts provided remedies to king’s subject in the
circumstances that such remedies would not be given/provided.
 There are recognized principles which guide the court to apply the equity
which are known as maxims, principle or doctrines and these include:
 Equity does not suffer a wrong without Remedy which is given to the
affected people an upper hand and such remedies include specific
performance, injunctions which stops further breach of contract.
 Equity follows law; equity is applied where there is no remedy in
common and legislation. However, it is not made to override but just
bound by the law.
 Who he seeks equity must do equity; when one seeks to rely on
equity be must be fair and honest in resolving disputes.
 He who comes to equity must come to clear hands; The party
partitioning in the court of equity must be fairly and honestly to all
actions.
 Delay defeats equity; one must not un duly delay in exercising his/her
equitable remedy.
 Where they are two equities, the first one should prevail.