Maxims of Equity

The maxims of equity evolved, in Latin and eventually translated into English, as the principles applied by courts of equity in deciding cases before them. An English authority states about the the maxims of equity: "The Maxims do not cover the whole ground, and moreover they overlap, one maxim contains by implication what belongs to another. Indeed it would not be difficult to reduce all under two: 'Equity will not suffer a wrong to be without a remedy' and 'Equity acts on the person'".

Among the traditional maxims are

Read more about Maxims Of Equity:  Equity Regards As Done What Ought To Be Done, Equity Will Not Suffer A Wrong To Be Without A Remedy, Equity Delights in Equality, One Who Seeks Equity Must Do Equity, Equity Aids The Vigilant, Not Those Who Slumber On Their Rights, Equity Imputes An Intent To Fulfill An Obligation, Equity Acts in Personam, Equity Abhors A Forfeiture, Equity Does Not Require An Idle Gesture, One Who Comes Into Equity Must Come With Clean Hands, Equity Delights To Do Justice and Not By Halves, Equity Will Take Jurisdiction To Avoid A Multiplicity of Suits, Equity Follows The Law, Equity Will Not Aid A Volunteer, Where Equities Are Equal, The Law Will Prevail, Between Equal Equities The First in Order of Time Shall Prevail, Equity Will Not Complete An Imperfect Gift, Equity Will Not Allow A Statute To Be Used As A Cloak For Fraud, Equity Will Not Allow A Trust To Fail For Want of A Trustee

Famous quotes containing the words maxims of, maxims and/or equity:

    I am so far from thinking the maxims of Confucius and Jesus Christ to differ, that I think the plain and simple maxims of the former, will help to illustrate the more obscure ones of the latter, accommodated to the then way of speaking.
    Matthew Tindal (1653–1733)

    ... whilst you are proclaiming peace and good will to men, Emancipating all Nations, you insist upon retaining absolute power over wives. But you must remember that Arbitrary power is like most other things which are very hard, very liable to be broken—and notwithstanding all your wise Laws and Maxims we have it in our power not only to free ourselves but to subdue our Masters, and without violence throw both your natural and legal authority at our feet ...
    Abigail Adams (1744–1818)

    If equity and human natural reason were allowed there would be no law, there would be no lawyers.
    Christina Stead (1902–1983)