MAXIM NO 7 AND 8

  1. Equity looks to the intent rather than the form.

    This maxim means that a Court of Equity is concerned more with the real intention of the parties than with the actual form of the transaction in question. Equity gives effect to what the real intention of the parties to a contract is, and, like law, it is not always to be guided by the language in which that intention is expressed in the deed.

  2. EQUITY REGARDS THAT AS DONE WHICH OUGHT TO HAVE BEEN DONE

    This maxim means that when individuals are required, by their agreements or by law to have done some act of legal significance, Equity will regard it as having been done as it ought to have, even before it has actually happened. This makes possible the legal phenomenon of equitable conversion

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