Equity XV
3)
The following two maxims are concerned with priorities: -
a)
Where the equities are equal the law prevails i.e. when two parties have acted
equitably, and there is no evidence of either party acting in bad faith (mala
fide) or there is no evidence of fraud, then equity cannot provide a remedy and
the law will prevail.
b)
Where the equities are equal the first in time prevails. The second maxim is
slightly more complicated than the first. When there are two equities i.e. two
parties with equal interests than the first party that registered his or her
interest or the original equity will succeed as opposed to the next. It goes
back to the issue of notice and at times when there is an equitable interest
involved it is best to give notice to others that such a right or interest
exists.
Copyright
© 2019 by Dyarne Jessica Ward
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