Equity regards whatever is ordered to be done by one having authority, or what ought to be done, as actually done.

Explanation

(English-origin maxim.) Equity treats an act that should have been performed as though it was performed — invoke this to enforce obligations that a party was duty-bound to complete but neglected.

Where this applies

• A seller who was contractually obligated to transfer title but died before signing the deed is treated by equity as having already conveyed, so the buyer gets the property.
• A trustee was required to invest funds for a beneficiary but failed to do so; equity treats the investment as having been made and holds the trustee liable for the returns that should have been earned.
• A company was ordered by its charter to issue shares to a founder but never did; equity regards the shares as issued and enforces the founder's ownership rights.