What has been agreed to be done, and what ought to be done, shall, for the advancement of justice, be regarded as done.

Explanation

(English-origin maxim.) Equity treats as done that which ought to have been done — when parties have agreed to perform an act, or justice requires it, the law regards the act as already accomplished.

Where this applies

• A seller agrees to transfer title to a house but dies before signing the deed — equity treats the transfer as already done because it ought to have been done.
• A debtor promises to pay a creditor and the creditor relies on that promise — the court treats the payment as if it were made, for the advancement of justice.
• A company agrees to issue shares to an investor but delays the paperwork — the court treats the shares as already issued because what ought to be done is regarded as done.