Equity Looks on That as Done Which Ought to Be Done

EQUITY LOOKS ON THAT AS DONE WHICH OUGHT TO BE DONE Meaning If someone undertakes an obligation for the other, equity courts look on it as done and as producing the same results as if the obligation had been actually performed. Illustration  A makes  A makes T  trustee  trustee leaving Tk. 50,000 to purchase a land for the use of B of  B.. T  does   does not purchase purchase the land and by the time,  B dies  B dies leaving all of his immovable property to X  to  X  and  and all movable property to Y . Now, who should get the Tk. 50,000 !quity in such cases would de"nitely regard the purchase of land which should have been made as made. The money thus goes to X  to X .  Ali!ation an" an" !ases The working of this ma#im can be seen$ a% &octri &octrine ne of of conver conversio sion n b% !#ecut !#ecutory ory contr contract acts s c% &octri &octrine ne of part part perform performanc ance e Do!trine o# !on$ersion 'onversion refers to the transformation of one species of property into another, as money into land or land into money. It is a "ction of law, by which equity assumes that such a transformation has taken place. In the case of Lachmere of Lachmere v. v. Lady Lachmere Lachmere,, money was taken as land. E%e!utor& !ontra!ts (hen there is an )agreement to sell* a land, the ownership at law remains with the seller. In !quity the buyer is looked upon as the owner of the land, and the seller who holds the legal estate, holds it as trustee for the buyer from the moment the agreement is made though the conveyance has not been made. Do!trine o# art er#or'an!e

+nder the equitable doctrine of part performance, contracts regarding land were allowed to be formed by oral evidence where one of the parties has done acts of part performance. Statutor& re!ognition in Bangla"es( i% The Transfer of Property Act -ection 0 provides an illustration  A contracts to sell -ultanpur to B. (hile the contract is still in force, A sells -ultanpur to C, who has notice of the contract. B may enforce the contract against C to the same e#tent as against A. iii% The Trust Act$ -ection /0 provides that the purchaser the buyer% of a property with notice of a pre$e#isting contract with regard to the same property shall be a )constructive trustee* for the person who has agreed to purchase.