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Equity Maxims, Equitable remedy: Injunction (To claimant), Equitable…
Equity Maxims
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Delay defeats equity
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Equity may be barred by delay. Person seeks equity must not sleep on their rights. Giving too much time to lapsed between fact that give right to claim and proceeding makes court reject to protect his right.
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Eg: Claim by rescission [Cases of no consent, coercion) it is valid until the other party opt to rescind within reasonable time.If receive benefit under the contract, must be returned.
Eg: Rectification: Correcting facts in a document. No need to order eescission, just correct it on the document within reasonable time.
Equity follows law
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Holee Holdings: Strict applicability of ordinance. Contravene ordinance makes contract void. Therefore, court not enforce covenant that is void at law.
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Equity is equality
This is prima facie @ basically, But, may not apply in certain cases.
Eg: Ct order equal proportion/ distribution toany finds/ profit when there are several people have title on it.
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OR even there is expressed word of 'trust', court may decide there is no trust.
Guiding principle develop by Chancellor before arriving decision. If claimant/ plaintiff acts contrary to any of these maxims, court generally not entertain his claim of equitable relief.
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