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Equity and the Law of Trusts in the Republic of Ireland

Equity Looks to the Intent Rather than the Form

In Chapter 3: The Maxims of Equity

Equity and the Law of Trusts in the Republic of Ireland

Author:
Ronan Keane
Publisher:
Bloomsbury Professional
Edition:
Second edition
Publication Date:
2011
Law As Stated At:
1 September 2011
[3.49] Courts of equity do not disregard the words used in a written document, but they do seek to give effect to what was the intention of the parties. Parkin v Thorold (1852) 16 Beav 59, 66. Hence, in the words of Romilly MR: If they … find that by insisting on the form, the substance will be defeated, they hold it to be inequitable to allow a person to insist on such form and thereby defeat the substance. Parkin v Thorold (1852) 16 Beav 59 at 66–67. One classic instance was the mortgage: equity insisted on treating a transaction in which land was security for a loan as a mortgage, however it might be described. Similarly, the use of the word ‘trust’ is not required for ...
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