Equity Will Not Allow A Statute To Be Used As A Cloak For Fraud
Equity prevents a party from relying upon an absence of a statutory formality if to do so would be unconscionable and unfair. This can occur in secret trusts and also constructive trusts and so on.
Read more about this topic: Maxims Of Equity
Famous quotes containing the words equity, statute, cloak and/or fraud:
“If equity and human natural reason were allowed there would be no law, there would be no lawyers.”
—Christina Stead (1902–1983)
“Now a Jew, in the dictionary, is one who is descended from the ancient tribes of Judea, or one who is regarded as descended from that tribe. That’s what it says in the dictionary; but you and I know what a Jew is—One Who Killed Our Lord.... And although there should be a statute of limitations for that crime, it seems that those who neither have the actions nor the gait of Christians, pagan or not, will bust us out, unrelenting dues, for another deuce.”
—Lenny Bruce (1925–1966)
“Hidden by old age awhile
In masker’s cloak and hood,
Each hating what the other loved,
Face to face we stood:
“That I have met with such,” said he,
“Bodes me little good.””
—William Butler Yeats (1865–1939)
“The disfranchisement of a single legal elector by fraud or intimidation is a crime too grave to be regarded lightly.”
—Benjamin Harrison (1833–1901)