Section 13 Equity Regards Substance Rather Than Form (Equity Looks to the Intent Rather Than to the Form)

• Library: Remedies 2006

“[I]t is only by looking at the intent rather than at the form, that equity is able to treat that as done which in good conscience ought to be done.” 2 John Norton Pomeroy, Equity Jurisprudence § 378 (5^th ed. 1941).

Equity has power to determine the true intention of the parties from their conduct, and declare the beneficial title to be where the parties intended to place it, even though there are instruments or transactions which, through mistake or other misadventure, would in the usual course of things place the title elsewhere. This would seem to be a specific application of...