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  • Equity Looks On That As Done Which Ought To Be Done

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    Maruf Allam
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    Equity courts treat obligations that should have been fulfilled as if they were actually fulfilled. If a trustee was supposed to purchase land for someone but failed to do so, equity would treat the land as purchased anyway. For example, if a trustee was given $50,000 to buy land for B but did not, and B later left his property to X and Y, equity would treat the land as bought so the $50,000 would go to X. This maxim of equity can be seen through the doctrines of conversion, executory contracts, and part performance.

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    Equity Looks on That as Done Which Ought to Be Done

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    Equity Looks on That as Done Which Ought to Be Done

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    Equity courts treat obligations that should have been fulfilled as if they were actually fulfilled. If a trustee was supposed to purchase land for someone but failed to do so, equity would treat the land as purchased anyway. For example, if a trustee was given $50,000 to buy land for B but did not, and B later left his property to X and Y, equity would treat the land as bought so the $50,000 would go to X. This maxim of equity can be seen through the doctrines of conversion, executory contracts, and part performance.

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    3K views2 pages

    Equity Looks On That As Done Which Ought To Be Done

    Uploaded by

    Maruf Allam
    Equity courts treat obligations that should have been fulfilled as if they were actually fulfilled. If a trustee was supposed to purchase land for someone but failed to do so, equity would treat the land as purchased anyway. For example, if a trustee was given $50,000 to buy land for B but did not, and B later left his property to X and Y, equity would treat the land as bought so the $50,000 would go to X. This maxim of equity can be seen through the doctrines of conversion, executory contracts, and part performance.

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    © All Rights Reserved
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    EQUITY LOOKS ON THAT AS DONE WHICH OUGHT TO BE DONE

    Meaning
    If someone undertakes an obligation for the other, equity courts look on it
    as done and as producing the same results as if the obligation had been
    actually performed.
    Illustration
    A makes T trustee leaving Tk. 50,000 to purchase a land for the use of B.
    T does not purchase the land and by the time, B dies leaving all of his
    immovable property to X and all movable property to Y. Now, who should
    get the Tk. 50,000? Equity in such cases would definitely regard the
    purchase of land which should have been made as made. The money thus
    goes to X.
    Application and cases
    The working of this maxim can be seena) Doctrine of conversion
    b) Executory contracts
    c) Doctrine of part performance
    Doctrine of conversion
    Conversion refers to the transformation of one species of property into
    another, as money into land or land into money. It is a fiction of law, by
    which equity assumes that such a transformation has taken place. In the
    case of Lachmere v. Lady Lachmere, money was taken as land.
    Executory contracts
    When there is an agreement to sell a land, the ownership at law remains
    with the seller. In Equity the buyer is looked upon as the owner of the
    land, and the seller who holds the legal estate, holds it as trustee for the
    buyer from the moment the agreement is made though the conveyance
    has not been made.
    Doctrine of part performance

    Under the equitable doctrine of part performance, contracts regarding


    land were allowed to be formed by oral evidence where one of the parties
    has done acts of part performance.
    Statutory recognition in Bangladesh
    i) The Transfer of Property Act: Section 40 provides an illustration: A
    contracts to sell Sultanpur to B. While the contract is still in force, A
    sells Sultanpur to C, who has notice of the contract. B may enforce the
    contract against C to the same extent as against A.
    iii) The Trust Act- Section 90 provides that the purchaser (the buyer) of a
    property with notice of a pre-existing contract with regard to the same
    property shall be a constructive trustee for the person who has agreed
    to purchase.

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