MAXIM 9 AND 10

  1. EQUITY IMPUTES AN INTENTION TO FULFILL AN OBLIGATION

    Equity considered and estimated acts of parties. Thus where a person is under an obligation to do a certain act, and he does some other act which is capable of being regarded as an act in fulfillment of his obligation. In other words a person is presumed to do what he is bound to do.

  2. EQUITY ACTS IN PERSONAM

    This is a maxim that governs how equity is administered in law.To act in personam means it acts upon a person”s conscience.This is as opposed to acting in rem which is a characteristic of common law where it acts upon the property that is subject to the suit.