Also to know is, what are the 12 maxims of equity?

The 12 Equitable Maxims

  • Equity will not suffer a wrong without a remedy.
  • Equity follows the law.
  • Where there is equal equity, the law shall prevail.
  • Where the equities are equal, the first in time shall prevail.
  • He who seeks equity must do equity.
  • He who comes into equity must come with clean hands.
  • Delay defeats equities.
  • Equality is equity.

One may also ask, what is meant by the maxims of equity? Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts.

Considering this, what are the 20 maxims of equity?


  • Equity sees that 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.

What is the rule of equity?

This maxim states that equity relates to a person rather than their property. It applies to property outside a jurisdiction provided that a defendant is within the jurisdiction. (Penn v Lord Baltimore 1750) English court ordered specific performance on land in the US.

Related Question Answers

What is an example of equity law?

A right, interest or remedy recognizable by a Court of equity. The right to decide matters in equity or equity jurisdiction. An ownership interest in the property especially a business. For example A gave her equity in the business to B.

What is the purpose of equity?

Equity is important because it represents the value of an investor's stake in securities or a company. Investors who hold stock in a company are usually interested in their personal equity in the company, represented by their shares. Yet this kind of personal equity is a function of the company's total equity.

What are three forms of equitable damages?

In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are:
  • injunction.
  • specific performance.
  • account of profits.
  • rescission.
  • rectification.
  • equitable estoppel.
  • certain proprietary remedies, such as constructive trusts.
  • subrogation.

What are the 4 types of laws?

There are four different types of law, criminal, civil, common and statuate.

Has equity passed the age of childbearing?

The distinction between the development of existing law and the invention of entirely novel concepts for the first time was most clearly expressed in the judgment of Bagnall J in Cowcher v Cowcher,32 where he stated that equity was not past the age of childbearing but that ‘its progeny must be legitimate—by precedent

What is the law of equity and trusts?

Equity and trusts is a unique branch of English law based on a body of principles made by the Courts of Chancery, that focusses on bringing balance to the legal system, particularly the Common Law.

Where there is no remedy there is no right?

In English and American jurisprudence, there is a legal maxim (albeit one sometimes honored in the breach) that for every right, there is a remedy; where there is no remedy, there is no right. That is, lawmakers claim to provide appropriate remedies to protect rights.

Who comes to equity with clean hands?

“He who comes into equity must come with clean hands.” This maxim bars relief for anyone guilty of improper conduct in the matter at hand. It operates to prevent any affirmative recovery for the person with “unclean hands,” no matter how unfairly the person's adversary has treated him or her.

What does equity acts in personam mean?

EQUITY ACTS IN PERSONAM. This is a maxim that governs how equity is administered in law.To act in personam means it acts upon a person”s conscience. Lord Ellesmere insisted that Equity was not in competition with common law,rather,it acted upon the conscience of the parties to a suit.

What is an imperfect gift?

Quick Reference. It is a maxim of equity that equity will not assist a volunteer. For that reason, an imperfectly constituted gift will not be perfected; if a donor has made an From: imperfect gift in Australian Law Dictionary » Subjects: Law.

Why do we need equity in law?

Equity was viewed essentially as a more modern body of legal doctrine that served to supplement the coercive old law. This is because the rules already established in the common law courts were readily adopted by the chancellor and incorporated into the systems of equity.

What is the meaning of legal maxims?

A legal maxim is an established principle or proposition of law in Western civilization, and a species of aphorism and general maxim. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language.

What is common law and equity?

Most law professors that I had simply defined “common law” as any decision where you are asking the court to give you money, and a decision in “equity” is where you are asking the court for anyth “Common law” refers to law that is simply made-up by the Appeal's Courts (Judge made law).

What does the doctrine of equity provide?

Ethic Case The doctrine of equity provides that a judge can make a decision basing on natural law, equality, fairness and moral rights (Bennett, 2013).

Which of the following is an example of a maxim?

Everyday Examples of Maxim

You can't teach an old dog new tricks. Nothing ventured, nothing gained. One man's meat is another man's poison. We promise according to our hopes, and perform according to our fears.

Where did equity courts develop?

The early equity courts developed in England, and were called chancery courts, so named because they were administered by the King's Lord Chancellor.

Why will equity not assist a volunteer?

Equity will not assist a volunteer

A ‘volunteer‘ is somebody who has not provided consideration for a particular transaction. Thus, if a donor purports to make a gift but does so ineffectively, if their conduct is held to be unconscionable equity will impose a constructive trust in favour of the donee.

What is Ubi Jus Ibi Remedium?

Ubi Jus Ibi Remedium Definition: Latin: For every wrong, the law provides a remedy. Related Terms: Equity. An ambitious principle or maxim of Roman law now often used, and well known to the common law but also part of the judicial arsenal in the Chancery courts (equity).