Doctrine of Election in Equity

Doctrine of election in equity is :-As Snell puts it , " Equity fastens on the conscience of a person who is put to election and refuses to allow him to take the benefit of a disposition contained in the will, the validity of which is not in question, except on certain conditions"

This position is expressed as " One cannot both approbate and reprobate; benefits and burdens go together; one cannot both blow hot and cold in same breath; and that one cannot have a cake and eat it too".

e.g if A by will or deed gives X property belonging to B, and by the same instrument gives other property belonging to him (A) to B, equity will hold B to be entitled to the gift made to him by A.... only if B RENOUNCES HIS OWN property in favour of X. B has two courses open to him.

He may

1. take under the instrument, in which case X will take B's property and B will take property given to him by A

2. Take against the instrument, in which case, B will lose the gift made to him by A. Now X will suffer through B's election to keep his own property.