GST 111 TERM PAPER TOPIC: The maxims of equity (type 11)

TOPIC: The maxims of equity

ABSTRACT

This paper seeks to create an awareness of the nature of equitable maxims and their role, advance a knowledge of a range of the equitable maxims as well as enable an Understanding of the way in which individual maxims have influenced the law in particular areas. The maxims of equity may fairly be described as a set of general principles which are said to govern the way in which equity operates. They tend to

illustrate the qualities of equity, in contrast to the common law, as more fl exible, responsive to the needs of the individual and more inclined to take account of the parties’ conduct and worthiness. It cannot be said that there is a defi nitive list of the maxims: different sources give different examples and some works prefer to avoid the term altogether in favour of a broader discussion of the character of equity.  

INTRODUCTION

Maxims are applied only when the court feels it appropriate: none of the maxims is in the nature of a binding rule and for each maxim it is possible to find as many instances of its not having been applied as instances where it has been.

The role of the maxims was discussed in the case of Tinsley v Milligan [1993]. In the Court of Appeal a

flexible approach was taken to the application of the maxim, ‘he who comes to equity

must come with clean hands’, but in the House of Lords, this was rejected. Such a flexible

approach, depending upon such an ‘imponderable factor’ as public conscience, would. . . . 

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