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Equitable maxims
One of discretion and moral judgment They are not binding but only provides guidelines for every situation in which equity developed. Maxims of Equity are of useful guide. Maxims are the principles developed by Lord Chancellors exercising on behalf of the Crown.
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an extra-ordinary jurisdiction to relax the rigidity of the common law so as to recognize and reward the merit and deserts of individual
One of the historic criticisms of equity as it developed was that it had no fixed rules of its own and each Lord Chancellor gave judgement according to his own conscience. John Selden.
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Equitable maxims
Such maxims follow principles of universal justice. Chancellors were originally the "keepers of the King's conscience" with the authority to do whatever "good conscience and good reason" required in a particular case. Hanbury the fruit of observation of developed equitable doctrine
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maxims
Examples of such maxims includes equity will not suffer a wrong with a remedy", "those who seek equity must do equity", and "equity requires diligence, clean hands, and good faith". These maxims are a form of the Biblical phrase, "do unto others as you would have them do unto you" and the old doctrine of "clean hands, pure heart".
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maxims
In Chancery Court these maxims refer to civil matters mostly involving businesses, family law, workers' compensation, land, probate matters, and more recently , discrimination cases.
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Where the equities are equal, the first in time will prevail. Where equities are equal, the law will prevail. Equity follows the law. He who seeks equity must do equity. He who seeks equity must have clean hands. Equity aids the vigilant, not those who sleep on their rights
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Delay defeats equity. Equity will not concern itself with abstract wrongs. Equity abhors a forfeiture. Equity does not require an idle gesture. Equity will not permit a party to profit by his own wrong. Equity delights to do justice, and not by halves. Equity will take jurisdiction to avoid a multiplicity of suits.
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means no wrong should go unattended if it is capable of being remedied by courts This is the basis on which the structure of equity rests.-it is a duty of the Court of Chancery to prevent a failure of justice Limitation -non-application if it includes moral wrong - it is remedied by common law courtsat present there is remedy in damages - due to his own negligence destroy the evidence
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Application and Recognition:- The Civil Procedure Code and the Specific Relief Act have incorporated this maxim. The Code entertains all kinds of suit unless it is prohibited and the Act provides equitable remedies like s.p. , injunctions, rectification, etc.
Allows the beneficiary to enforce their obligation to use the property against the trustee In contract- escape from the contract if it is led by mistake or misrepresentation
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The maxim also applies to rights which are suitable for judicial enforcement but were not enforced at common-law owing to some technical defect. For example, during the trial process, common-law did not impose any duty on the defendant to make disclosure through discovery of documents. Equity then provided the remedy by prescribing the process of discovery of documents.
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If the def. refuses, he will be in contempt of court and punishable by imprisonment The court may exercise jurisdiction over the person within the power of the court, even though the property is outside the jurisdiction.
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Penn v. Lord Baltimore [1750] Ves. Sen. 444 The plaintiff filed a suit in the court of Chancery for specific performance of an agreement in respect of property situated in North America. The defendant challenged the jurisdiction of the court to grant the remedy as the property was outside England. the conscience of the party was bound by this agreement; being within the jurisdiction of this court, which acts in personam, the court may properly decree it as an 11/5/2013 Dr.Bashiran/Dr.S. Zubaidah/Dr. Nor 19 Asiah/Dr. Zuraidah agreement.
Scott J. The jurisdiction of the court to administer trusts is in a personam jurisdiction. Case: Re Valibhoy (Dcd.) (1961) 27 MLJ 187
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Equity will not grant an injunction to enforce a negative covenant entered by an employee agreeing not to work for others if in substance this would amount to an order of specific performance of their contract of employment since Equity will not enforce contracts of personal service.-employees intention
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The maxim that equity looks upon as done that which ought to be done applies as a general rule of equity, outside the law of contract. Where the contract is specifically enforceable, equity regards the promisor as having already done what he has promised to do.
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In other words, what would the position have been if what should have been done had been done? Equity acts on the conscience of a person. Walsh v. Lonsdale(1882) 2 Ch D 9 2 principles evidence of the contract Suit within the time Concept of bare trust Temenggong Securities
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This maxims look at the past conduct of the Plaintiff. However the maxim does not apply to conduct in general, but only that which has an immediate and necessary relation to the equity sued for
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Operator entered into agreement on manufacturing operation for 2 years with an option to renew Resp gave a notice to renew but no further action Ct hd: The claim by the R that they had acquired rights over the extended period would remain empty claim if it was not met by the corresponding duty to pay rentals. He comes to equity must come with clean 11/5/2013 Dr.Bashiran/Dr.S. Zubaidah/Dr. Nor 35 hands. Asiah/Dr. Zuraidah
Timber Master Complex (sabah) Sdn Bhd v Top Origin Sdn Bhd [2002] 1 MLJ 33
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[1995] 3 MLJ 6 In 1993, land sold to def. (Long) The P, a beneficiary of the previous registered proprietor(settlor), caveated the land in 1994 which prevented the def. from registering the transfer. When the P applied to extend his caveat, the def. sought to set aside the order of extension. The court found that the P had acquiesced to longs title for almost 30 years and they were thus, estopped and barred by laches from asserting their alleged interests. Order set aside.
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Mohamed Syed Fathima d/o Shahul Hammed & Ors v MMS Syed Aliyar [2004] 5 MLJ 168 Facts P & D are partners and co-owners of restaurant and staying together on the same floor obtained order agst trespass P was asked to pay damages to def for discontinued injunctive orders agst the def P appealed agst the damages P relied on s 343 of the NLC as co-owners, def has no right for damages Ct hd: since P relied on s 343 thus shd also realized that he also has no right to obtain injunction agst the def. He who seeks equity must do equity
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the relief provided under this Act is a relief in specie, that is, the performance of a specific act or the delivery of particular articles and not relating to the payment of money Per Kamalanathan R., JC in Arab Malaysian [1998] 6 MLJ 136
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How it is given?
Taking possession Ordering the person to do the act Preventing him to do the work- SRA s 5 Determining and declaring the rights of the person Appointing the receiver
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Conclusion
Is a short phrase which formulates a principle A brief expression of a general truth, principle or rule of conduct As a guideline by the Chancery to decide cases or to settle disputes
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