Maxims of Equity 
SEMESTER 1: 2014/2015
LXEB 3110
EQUITY I
ASSIGNMENT
NAME: GOH POI SZE
MATRIC NUMBER: LEB120033
TUTOR: DR USHARANI A/P BALASINGAM
DATE OF SUBMISSION: 3 NOVEMBER 2014
1. Introduction Maxims of equity are short statements that contain the essence of equity law. These maxims were developed over the years and today are used as a set of general principles which are said to govern the way in which equity operates. They illustrates the standards of morality in judicial decision making1 and therefore are used as guides in the decision making process in disputes in equity. This assignment focus on how maxims of equity influence judges of Malaysia in making judicial decision. From there, I will also discuss how these maxims have assisted the development of laws in different areas of law. The three maxims that I will refer to: “he who seeks equity must come with clean hands”, “equity looks to the intent rather than the form” and at last but not least “equity looks on that as done which ought to be done”.
2. “He who seeks equity must come with clean hands”
Meaning
This is a maxim that demonstrates the rule that a person coming to court for a relief in equity must be free from improper conduct in relation to the transaction that he seeks to enforce.2
Application of the maxim Examples of the use of this maxim are abound while allowing equitable remedies. A claimant must first of all prove that he has an equity to enforce against the defendant. Accordingly, the court will consider the past conduct of the claimant3 and decide whether the claimant has acted rightly and fairly4. If the claimant is worthy of a remedy, the court will grant an equitable relief; otherwise, the court will refuse even if the claimant had established equitable rights. However, this rule is not meant to punish any carelessness or mistakes. A bad conduct will only be condemned because the inequitable behavior relate directly to the relief sought.5
Examples
LXEB 3110
EQUITY I
ASSIGNMENT
NAME: GOH POI SZE
MATRIC NUMBER: LEB120033
TUTOR: DR USHARANI A/P BALASINGAM
DATE OF SUBMISSION: 3 NOVEMBER 2014
1. Introduction Maxims of equity are short statements that contain the essence of equity law. These maxims were developed over the years and today are used as a set of general principles which are said to govern the way in which equity operates. They illustrates the standards of morality in judicial decision making1 and therefore are used as guides in the decision making process in disputes in equity. This assignment focus on how maxims of equity influence judges of Malaysia in making judicial decision. From there, I will also discuss how these maxims have assisted the development of laws in different areas of law. The three maxims that I will refer to: “he who seeks equity must come with clean hands”, “equity looks to the intent rather than the form” and at last but not least “equity looks on that as done which ought to be done”.
2. “He who seeks equity must come with clean hands”
Meaning
This is a maxim that demonstrates the rule that a person coming to court for a relief in equity must be free from improper conduct in relation to the transaction that he seeks to enforce.2
Application of the maxim Examples of the use of this maxim are abound while allowing equitable remedies. A claimant must first of all prove that he has an equity to enforce against the defendant. Accordingly, the court will consider the past conduct of the claimant3 and decide whether the claimant has acted rightly and fairly4. If the claimant is worthy of a remedy, the court will grant an equitable relief; otherwise, the court will refuse even if the claimant had established equitable rights. However, this rule is not meant to punish any carelessness or mistakes. A bad conduct will only be condemned because the inequitable behavior relate directly to the relief sought.5
Examples
Bibliography: John McGhee, S. B. (2010). Snell 's Equity. London: Thomson Reuters (Legal) Limited. Pettit, P. H. (2012). Equity and the Law of Trusts. Oxford: Oxford University Press. Tella, M. J. (2008). Equity and Law. Leiden: Koninklijke Brill NV. Yusoff, S. S., & Aziz, A. A. (2012). Mengenali Undang-undang Kontrak Malaysia. Petaling Jaya: International Law Book Series.