Tutorial 1

Briefly explain the meaning of the following maxims of equity:

• Equity will not suffer a wrong to be without a remedy;

• Equity follows the law;
• Where there is equal equity, the law shall prevail;
• Where the equities are equal, the first in time shall prevail;
• He who seeks equity must do equity;
• He who seeks equity must come with clean hands;
• Delay defeats equities;
• Equality is equity;
• Equity looks to the intent rather than the form;
• Equity looks on that as done which ought to be done;
• Equity imputes an intention to fulfil an obligation;
• Equity acts in personam;
• Equity will not assist a volunteer;
• Equity will not perfect an imperfect gift;
• Equity will not construe a valid power out of an invalid trust;
• Equity will not permit the provisions of a statute intended to prevent fraud to be used as an
instrument for fraud;
• Equity will not aid deception on public administration;
• Equity leans towards equality;
• Equity will not allow an express trustee to rely on the Limitation Enactment to defeat the rights
of beneficiaries under the trust;
• Where there are conflicting equities, the first in time prevails;
• Equity will not allow a trust to fail for want of a trustee.