Equity Notes
The contents
are mainly based on Bill Parish's lecture notes in 1st semester of 2006.
Resource Sample
This summary is prepared by Soo Yong YOON (s.yoon@iinet.net.au). The contents are mainly based on Bill Parish's lecture notes in 1st semester of 2006.
Maxims of Equity
Equity tempers (softens, mollifies) the strict application of the common law when it would be unconscionable for the Courts not to intervene.
1) Equity will not suffer a wrong to be without a remedy 2) A person who seeks equity must do equity - plaintiffs in equity must fulfil their legal and equitable obligations before seeking a remedy (Nelson v Nelson (1995) 132 ALR 133 and Vadasz v Pioneer Concrete (SA) Pty Ltd (1995) 184 CLR 102 COMPANIONS 144). 3) A person who comes to equity must come with clean hands - it requires a plaintiff in equity not to be guilty of some improper conduct. " specific performce of a contract will be refused if the plaintiff procured the contract as the result of equitable fraud even if the d...
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