he who seeks equity must do equity
This maxim of equity looks forward: the court will grant relief only on condition that the plaintiff does what is fair to the defendant in the matter. A person seeking to set aside a transaction must offer to return what he received under it; a person seeking specific performance must be ready to perform his own part. The court may impose such terms as a condition of relief.
It is often confused with “he who comes into equity must come with clean hands”, which looks backward at the plaintiff's past conduct. Indian statutes give effect to the idea: s.64 of the Contract Act requires a party rescinding a voidable contract to restore any benefit received, and s.16(c) of the Specific Relief Act requires the plaintiff to show he is ready and willing to perform.
Example
A minor who sought cancellation of a loan agreement could be required, as one who seeks equity must do equity, to restore the property bought with the money.
In Indian law
- Section 64, Indian Contract Act, 1872
- Section 16(c), Specific Relief Act, 1963
See also
clean hands · equity · specific performance · restitution