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UNIVERSITY OF THE WEST INDIES
FACULTY OF LAW
EQUITABLE REMEDIES
Worksheet 3
2008/09
MAXIMS OF EQUITY
HE WHO SEEKS EQUITY MUST DO EQUITY
Consolidation
Snell's General Principles of Equity, 28th edn., pp.395-397
Craknell v. Janson (1879) 11 Ch. 1 or 4 OLT 640
Election
Snell's General Principles of Equity, 28th edn., pp.395-397
Bristow v. Warde (1794) 2 Ves. Jun. 336
Marshalling
Meagher, Gummow and Lehane, Equity - Doctrines and Remedies, 2nd. edn., Chapter 11,
p. 299
Lanoy v. Duke of Athol
Notice to Redeem
Johnson v. Evans (1889) 61 LT 18
Illegal Loans
Lodge v. National Investment Co. Ltd. (1907) 1 Ch. 300
Kasunmu v. Gbadamosi Baba Edge (1956) A.C. 139
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HE WHO COMES TO EQUITY MUST COME WITH CLEAN HANDS
In Deweese v. Reinhard 165 U.S. 386, 390. Mr Justice Brewer said:
"A Court of Equity acts only when and as conscience commands and if the conduct of the plaintiff be
offensive to the dictates of natural justice then whatever may be the rights he possesses and whatever
use he may make of them in a court of law, he will hold remediless in a court of equity.
Jones v. Lenthal (1669) 1 Ch. Ca. 154.
The rule as stated in Story's Equity Jurisprudence (14th edn.), vol. 1, 999: -
"Equity imperatively demands of suitors in courts fair dealing and righteous conduct with reference
to the matters concerning which they seek relief. He who has acted in bad faith, resorted to trickery
and deception, or been guilty of fraud injustice or unfairness will appeal in vain to a court of
conscience, even though in his wrongdoing he may have kept himself strictly "within the law.
Overton v. Bannister 67 E.R. 479
Nelson v. Stocker 4 De Gex & J. 458, 464. Lord Justice Turner in commenting on the fact that the
defendant had represented himself to be of age when he was not of age, said:
"It is too much to call upon the court to believe that this defendant could really have thought himself
to be of age at the date of the settlement, when he was under 18 years of age; and if he did not so think,
the representation he made to the solicito