When a person is wronged, and there is no remedy at common law, equity will step in to provide a remedy to the wronged person.
Equity evolved to fill the gaps in the common law and not to replace it.
When two of parties have an equitable interest, and one party obtains a legal interest, his legal interest shall prevail
He who is earlier in time is stronger in law, or Qui prior est tempore potior est jure.
To obtain equitable relief the plaintiff must be prepared to do ‘equity’, in its popular sense of what is right and fair to the defendant.
This maxim is often said to be analogous to the common law rule of ex turpi causa non oritur actio , which means no action can arise from an illegal or immoral act.
Sometimes, a party entitled to equitable relief may no longer be entitled to the relief if he delays in bringing an action for the relief.
The court or legal authority will treat a situation as if a certain action has already been taken or a certain obligation has already been fulfilled when it is deemed just and equitable to do so, even if, in a strict legal sense, it has not yet occurred.
When the intent of the parties is not properly reflected in a written contract, the court may disregard the form of the written agreement and enforce its substance.
Where a man is bound to do an act, and he does what may enable him to do the act, it shall be taken to have been done by him with the view of doing that which he was bound to do
...where it not clear to whom the beneficial interest belongs or in what proportions, then the equitable maxim of equality is equity would be applied
Equitable reliefs or remedies are the usual means by which a court will provide relief or a remedy to address a legal or justiciable wrong.
This note will explore the meaning of specific performance and the factors considered by the court before making an order for specific performance.
This note discusses eight factors that may cause the court to refuse to grant a remedy of specific performance to the plaintiff.
This note will explore the meaning of injunction, briefly discuss the types of injunctions, and discuss the factors considered by the courts before granting an injunction.