HE WHO SEKS EQUITY MUST DO EQUITY
1. Introduction
2. Meaning:
Rights of other party must also be protected.
3. Applicability:
I. Illegal loans
“Lodge Vs. National Union Investment Co. Ltd” (1907) 1 Ch 300
A borrowed money from B by mortgaging certain property. B was an unregistered
money lender therefore contract was illegal. A sued B for return of property. Court
ordered that, A will have to return the amount received by him from B to get his
property back”
II. Doctrine of Election:
A person can't chose a benefit and leave the responsibility
e.g., by one instrument A gives his property to B and B gives his property to C. Now
B can't have the property of A and decline to give his property to C.
Cooper v. Cooper (1874) LR 7 HL 53
Principle of approbate and reprobate
Codrington Vs. Codrington (1857) 7 HL 843, 861
2019 MLD 09 (Karachi)
1. Introduction
2. Meaning:
Rights of other party must also be protected.
3. Applicability:
I. Illegal loans
“Lodge Vs. National Union Investment Co. Ltd” (1907) 1 Ch 300
A borrowed money from B by mortgaging certain property. B was an unregistered
money lender therefore contract was illegal. A sued B for return of property. Court
ordered that, A will have to return the amount received by him from B to get his
property back”
II. Doctrine of Election:
A person can't chose a benefit and leave the responsibility
e.g., by one instrument A gives his property to B and B gives his property to C. Now
B can't have the property of A and decline to give his property to C.
Cooper v. Cooper (1874) LR 7 HL 53
Principle of approbate and reprobate
Codrington Vs. Codrington (1857) 7 HL 843, 861
2019 MLD 09 (Karachi)
