Equity Maxims

The licit situation immediately in Hong KongWhenever on that point is whatsoever conflict or divergency between the rules of beauteousness and the rules of the mutual practice of law with reference to the said(prenominal) matter ? rules of justness bum around out prevail. Article 8 of the Basic Law states that alto sop upher laws previously in jampack in Hong Kong, that is, the harsh law, rules of beauteousness, ordinances, hooked rule and customary law sh exclusively be maintained, except for both(prenominal) that encroach this Law, and subject to any amendment by the legislature of the Hong Kong additional administrative Region. Maxims (=standards, rules) of fairness ( Curzon, 1994)1. rectitude acts on the conscience ? honor acts on the conscience of the efficacious owner to prevent him from playing in an unconscionable flair by defeating the common feelingion (Grant v Edwards [1986]);2. virtue acts in personam ? non in rem;3. righteousness follows the law ? unless there is a good reason for deviating from the law, integrity will follow it;4. Where there be two sure-footed equities the law prevails ? priority goes to the legal owner;5. Where there argon two equal equities the commencement exercise in time prevails;6. received remedies are discretionary ? all courts can grant prohibit or specific instruction execution;7.

Delay defeats equity ? by negligence or irrational delay in the assertion or enforcing of a responsibility will defeat equity;8. Equality is equity ? may favour the counting the shares in tenancy in common;9. He who seeks equity must do equity;10. He who heralds to equity must roll in the hay with clean hands;11. comeliness will not rakehell a statute to be used as knock down for fraud;12. Equity does not suffer a confabulate on _or_ oppress to be without a remedy;13. Equity looks to the substance and intent alternatively than to the form;14. Equity looks on that as make which ought to be done ?... If you want to get a secure essay, articulate it on our website: Ordercustompaper.com

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