The maxim of
equity regards as done what should have been done refers to the
situation where the individuals are by an agreement or by law supposed to
perform an act, equity will consider the parties to be in the position where
they would have been had the obligations under the contract were fulfilled.
This
maxim works in favour of the party or parties who were entitled to that
performance. To understand this doctrine we first need to understand the concept
of equitable conversion, which arises out of the doctrine of equity that equity
regards that as done which ought to have been done.
In the English case of
Fletcher v. Ashburner equitable conversion was defined as:
That change in the
nature of property by which, for certain purposes, real estate is considered as
personal, and personal estate as real, and transmissible and descendible as such.
To make this legal concept of equitable possible the maxim of equity
regards as done what should have been done comes into play.
Origin
The origin of equity lies in the common law which evolved based on morality,
natural justice and conscience. It started with the intervention of the crown in
rendering justice when the king was extraordinarily asked to deliver justice
utilizing a petition. Such cases were referred to Lord Chancellor who heard
cases and passed judgments solely on grounds of natural justice and notion of
conscience.
This practice of addressing the chancery (chancellor's office)
became common and gave birth to the court of chancery and it created a new law
which is now known as the law of Equity. The decisions were highly personal so
the decisions were personal ideas of right and wrong of chancellor and
non-compliance resulted in imprisonment. The Judicature Act of 1873 fused equity
with Common Law. Gradually the concept of Equity, Justice and Good conscience
became an in severable part of many legal systems across the globe and as a
result, we have the doctrines of equity which are as follows:
- Those that come to equity must come with clean hands;
- Those who seek equity must do equity;
- Equity regards as done that which ought to be done;
- Equity follows the law; and
- Delay defeats equity
Meaning And Application
Let's understand the meaning of this maxim with help of an example, Annie and
Maya entered into a contract where Maya was supposed to do something in favour
of Annie but she failed to perform the entire contract and completed only a part
of her obligations so in this situation equity will regard Annie and Maya to be
in the position where they would have been had Maya fulfilled here obligations
entirely.
This maxim is applicable in situations where the defendant is bound in
equity to perform any obligation and it considers the consequences which would
have occurred had the original contract been performed. So basically when
someone is obligated for the other courts of equity look at it as done and give
the same results as if obligations had been performed actually.
The application of the maxim can be seen in the concept of executory contracts,
part performance and the most common application is the doctrine of conversion.
Seaton v. Slade court said:
The effect of a contract for purchase is very different at Law and in Equity. At
Law the estate remains the estate of the vendor; and the money that of the
vendee. It is not so here. The estate from the sealing of the contract is the
real property of the vendee. It descends to his heirs. It is divisible by his
will; and the question, whose it is, is not to be discussed merely between the
vendor and vendee; but may be to be discussed between the representatives of the
vendee.
So one of the most important
applications of this maxim is the concept of equitable conversion as discussed
above.
For instance A gifted a property to B but before actual registration of
the deed B died in such situations the questions as to if the property would
descend to B's heirs if he died intestate, or was it personal estate, or should
it devolve upon his administrators? Would it go to the spouse of the deceased?
If the purchase money, when paid, belong to the heirs or to the administrators
of the vendor? All the questions of this kind was resolved by the doctrine of
equitable conversion as it is used to make a buyer the equitable owner of title
to the property at the time that they sign a contract binding them to purchase
the land at a later date.
The buyer is deemed the equitable owner after the
contract is signed but before the closing. Just like in this example B has
become the equitable owner of the property after the contract is signed but the
deed has not been conveyed yet. In the case of
Rockland Company v. Leary Judge
Vann said in part in discussing this subject:
The doctrine of equitable
conversion rests on the presumed intention of the owner of the property and the
maxim that equity regards as done what ought to be done. The conversion usually
becomes effective at the date of the instrument expressing it, if a deed or
contract, and if a will, at the date of the testator's death.
Equity will never
let a defendant enrich himself at the plaintiff's expense by depriving the
plaintiff of equitable rights, so the equity court applies the maxim of equity
looks on that as done which ought to have been done and focuses on the
consequences of the performance of the contract. It looks at the situation or
position where the parties would have been had the contract been performed
successfully while deciding the matters where the defendant is liable to perform
and the plaintiff is entitled to that performance.
Essential Requirements To Invoke The Maxim And Scope:
To invoke this maxim there are certain requisites which are listed below:
- A contract for transfers of legal title
- The contract should be a valid and enforceable
- The suit should be brought by the parties within the limitation period
- Evidence of existence of a valid contract
Scope of the maxim is limited to the rights of performance under the contract
only and it applies to contractual obligations where the defendant has the
liability to perform and the plaintiff is entitled to that performance, the
maxim does not go beyond this limit.
Conclusion
The law of equity has evolved to grant equitable remedies and uphold natural
justice which was generally the judge's discretion. The maxim of equity regards
as done what should have been done deals with the cases where the right of
plaintiff to receive performance of the contract and the court makes sure that
the person gets equitable remedy and the contract is executed by making the
defendant perform his part of the contractual obligations. This maxim is
necessary to uphold the principle of justice, equity and good conscience.
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