Lecture One - Part Four

Concluding Remarks on Maxims and Case Law

• Focus on the importance of understanding maxims within the context of equity, rather than strict legal doctrines.

Miller and Jackson Case Overview

• The case illustrates core principles of equity, emphasizing its distinct processes and procedures compared to common law.

• Importance of understanding equity in broader terms, beyond specific legal rulings.

Key Takeaways from Miller and Jackson

• The case involved a tort of nuisance, with houses built near an existing cricket ground.

• Plaintiffs sought an injunction due to cricket balls damaging their property.

• The court emphasized balancing rights: the right to quiet enjoyment of property versus the public interest in continuing cricket.

• Ruling favored cricket, underscoring the case’s focus on community benefits over individual inconvenience.

Approach to Maxims

• Maxims are shorthand principles within equity, offering insights but requiring caution in application.

• They should not be treated as strict rules; misapplication can lead to misunderstandings of equitable doctrine.

• Important to understand the authorities and case law behind maxims for proper interpretation.

Examples of Maxims

• "He who seeks equity must do equity."

• "She who comes to equity must come with clean hands."

• "Equity looks to intent rather than to form."

• "Equity treats as done that which ought to have been done."

• "Equity acts in personam."

• "Equity follows the law."

• "Equity does not assist a volunteer."

• "Delay defeats in equity."

Cautions Regarding Maxims

• Maxims can lead to misinterpretation of case facts and court decisions.

• Example provided: The maxim "equity will not assist a volunteer" contradicted in the case of Corinne and Patten, highlighting the necessity for careful context-specific analysis.

Reflection and Further Study

• The lecture encourages understanding the theoretical frameworks of equity rather than getting lost in legal doctrines.

• Suggestion to read the Justice Cause article to understand how equity distinguishes itself from common law.

• Prepare for discussions by identifying what aspects of equity are of interest and what remains unclear.