2. DEFINITION
• A rule or principle of law, especially when
established by precedent.
• A set of general principles which are said to
govern the way in which equity operates, illustrating
the qualities of equity.
• The Court of Chancery applied the doctrines and
maxims interchangeably.
3. DOCTRINE OF CONVERSION
• The basis of this doctrine is the maxim ‘Equity looks
on that as done which ought to be done’.
• Introduced in the 18th Cent, to stop the unfairness of
allowing trustees prejudicially to affect the interests of
beneficiaries by postponing sales or purchase of land.
• Thus it promotes justice; assist the owner of the
subject matter of conversion in the accomplishment of
his objective to distribute his property in accordance
to his presumed intention.
4. DOCTRINE OF CONVERSION
• It is normally illustrated in a trust for sale of
land; in that equity regards that land to
devolve as if it were money or money as if it
were land.
• Conversion is effective at the date of the
instrument expressing the intention (in cases
of deed) and the date of testator’s death (in
cases of will).
5. DOCTRINE OF CONVERSION
• This doctrine can only operate where someone
is under an obligation to have carried out
certain act and there is someone who is in a
position to compel the performance of such
obligation.
Enforceable
Binding Trust for
Contracts for sale
sale or purchase
or purchase of
of land
land
6. Fletcher v Ashburner (1779)
• “Nothing was better established than this
principle, that money directed to be
employed in the purchase of land, and land
directed to be sold and turned into money
are to be considered as that species of
property into which they are directed to be
converted”.
7. Sweetapple v Bindon (1705)
Testator (mom) bequeathed £300 to be used for
the purchase of land (property) to the use of her
daughter and grandchildren-Daughter died and
no purchase of land had been made- Husband
of the daughter claimed to be tenant by courtesy
of the fund of £300 – Claim upheld; though
purchase of land had not been made, by the
doctrine of conversion, the money was regarded
as realty (real property).
8. DOCTRINE OF ELECTION
• A person may not take a benefit and reject an
associated burden or, choose between parts of
a single transaction.
Birmingham v Kirwan (1805)
• Lord Redesdale; “A person cannot accept and
reject the same instrument”.
• This doctrine operates when a testator has
committed a mistake.
9. DOCTRINE OF ELECTION
• A (testator) attempts to devise a land by will to
B. In actual fact, the land belonged to C, and
not A.
• However, in the same will, A also bequeathed
£1000 to C.
• C is in the position either to :
i) transfer the land to B and receive £1000; or
ii) keep his land and compensate B the value of
the land should he choose to also keep the
£1000.
10. DOCTRINE OF ELECTION
Re Edwards [1958]
Conditions for election:
iii) Intention on the part of A to dispose certain
property to someone (B),
iv)The property is not A’s property i.e. someone
else’s property (C), and
v) Benefit should be given to the true owner of the
property (C).
11. DOCTRINE OF SATISFACTION
• The basis of this doctrine is the maxim
‘Equity imputes an intention to fulfill an
obligation’.
• Where a person is under an obligation to do
one thing but does another, the doing of that
other thing may be held to satisfy the legal
obligation.
12. DOCTRINE OF SATISFACTION
• A owes B £2000. A died and the debt remains
outstanding. A left a will and in his will, he left B
£2000.
• A intended to satisfy his obligation (to pay the
debt) towards B thus the £2000 left in A’s will is
intended to relinquish A’s debt towards B.
• B must give up his claim to the debt if he wishes
to take the legacy left by A.
13. Talbott v Duke of Shrewsbury (1714)
Where a testator owes money to a person, gives a
legacy to that person which is either equal or
exceeds the amount of debt owed, there is a
presumption that the legacy extinguishes the debt.
14. DOCTRINE OF SATISFACTION
• This doctrine is not applicable where:
i) the debt was incurred after A made his will;
ii) the debt is not a specific sum;
iii) the will made by A contains a specific
direction to pay his debts.
15. DOCTRINE OF PERFORMANCE
• This doctrine is applicable much like the
doctrine of satisfaction.
• Where a person is under an obligation to do one
thing but does another, equity may still regard
the performance of that thing as performance of
the original obligation.
16. DOCTRINE OF PERFORMANCE
• This doctrine is applicable in these situations:
iii) Agreement to purchase land
• A is under the obligation to purchase one land.
Several lands have been bought, none of which
is the land A was supposed to purchase.
• Here, it is presumed that the lands were bought
in performance or part performance of the
obligation.
17. DOCTRINE OF PERFORMANCE
ii) Agreement to leave money
• A has agreed to leave a sum of money,
through a will to B. However, A suddenly died
without having the opportunity to write the will.
• Under this doctrine, B is entitled to a portion of
A’s personal estate.
