Maxims of equity


Published on

maxims of equity with two subsection
1. personam
2.not aid as volunteer

Published in: Business
  • Be the first to comment

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Maxims of equity

  1. 1. Business Law & Ethics<br />Maxims Of Equity<br /><ul><li>Equity will not assist a volunteer
  2. 2. Equity acts in personam.</li></li></ul><li>Maxims of equity<br />Meaning :The maxims of equity evolved, in Latin and eventually translated into English, as the principles applied by courts of<br />equity in deciding cases before them.<br />
  3. 3. Among the traditional maxims are:<br />Equity regarding what ought to be done<br />Equity will not suffer a wrong to be without a remedy<br />Equity delights in equality<br />One who seeks equity must do equity<br />Equity aids the vigilant, not those who slumber on their rights<br />Equity imputes an intent to fulfil an obligation<br />Equity acts in personam<br />Equity abhors a forfeiture<br />Equity does not require an idle gesture<br />One who comes into equity must come with clean hands<br />Equity delights to do justice and not by halves<br />
  4. 4. Among the traditional maxims are:<br />Equity will take jurisdiction to avoid a multiplicity of suits<br />Equity follows the law<br />Equity will not aid a volunteer<br />Between equal equities the law will prevail<br />Between equal equities the first in order of time shall prevail<br />Equity will not complete an imperfect gift<br />Equity will not allow a statute to be used as a cloak for fraud<br />Equity will not allow a trust to fail for want of a trustee<br />
  5. 5. Equity will not assist a volunteer <br />Equity cannot be used to take back a benefit that was voluntarily but mistakenly conferred without consultation of the receiver. <br />This maxim protects the doctrine of choice.<br />This maxim is very important in restitution. Restitution developed as a series of writes called special assumpsit, which were later additions in the courts of law, and were more flexible tools of recovery, based on Equity. <br />
  6. 6. Equity will not assist a volunteer (Cont)<br />Restitution could provide means of recovery when people bestowed benefits on one another (such as giving money or providing services) according to contracts that would have been legally unenforceable.<br />However, pursuant to the equitable maxim, restitution does not allow a volunteer or "officious intermeddler" to recover. A volunteer is not merely someone who acts selflessly. In the legal (and equitable) context, it refers to someone who provides a benefit regardless of whether the recipient wants it. <br />
  7. 7. Example<br />For example, when someone mistakenly builds an improvement on a home, neither equity nor restitution will allow the improver to recover from the homeowner.<br />The exception is if the doctrine of estoppel applies.<br />
  8. 8. Equity acts in personam.<br />In England, there was a distinction in the type of adjudicatory jurisdiction of the courts and the chancery. Courts of law had jurisdiction over property, and their coercive power arose out of their ability to adjust ownership rights.<br />
  9. 9. Equity acts in personam.(Con’d)<br />Courts of equity had power over individuals. Their coercive power was the ability, on authority of the crown, to hold a violator in contempt, and take away his or her freedom (or money) until he obeyed. This distinction helped preserve a separation of powers between the two courts.<br />
  10. 10. Equity acts in personam.(Con’d)<br />Nevertheless, courts of equity also developed a doctrine that an applicant must assert a "property interest." This was a limitiation on their own power to issue relief. It does not mean that the courts of equity had taken jurisdiction over property. Rather, it required that the applicant be asserting a right of some significance, as opposed to emotional and dignitary interests.<br />
  11. 11. Example:<br />For example, a website may be viewed anywhere in the United States, though it is hosted in California and operated by a California citizen. Courts must decide in which locations, under what circumstances, the exercise of personal jurisdiction over the citizen for claims arising from the website comports with traditional notions of fair play and substantial justice.<br />