ABSTRACT
The maxims of equity
evolved, in Latin and eventually translated into English, as the principles
applied by courts of equity in deciding cases before them. It may be argued
that the Maxims do not cover the whole ground, and moreover they overlap, one
maxim contains by implication what belongs to another. Indeed it would not be
difficult to reduce all under two: 'Equity will not suffer a wrong to be
without a remedy' and 'Equity acts on the person'". Equity looks to the
substance rather than the form. These and more form the basis of this paper,
which seeks to advance an expose into the numerous maxims of equity.
Introduction
Courts of Equity make a
distinction in all cases between that which is matter of substance
and that which is
matter of form; and if it fi nds that by insisting on the form, the substance
will be defeated, it
holds it inequitable to allow a person to insist on such form, and thereby
defeat the substance.
Lord Romilly MR thus expressed this maxim in Parkin v Thorold (1852) 16 Beav 59.
It should not be
thought that this implies that formalities are never required, however.
Equity
will not enforce or recognise equitable interests where, for example,
formalities. . .. .
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