Maxims of Equity

Maxims of Equity

Guiding principles established by the courts of equity to ensure justice and fairness in legal matters.

Equity will not suffer a wrong to be without a remedy

This maxim asserts that equity ensures every wrong has a corresponding remedy.

Ubi jus ibi remedium

Latin for 'where there is a right, there is a remedy'; it underlines the principle that legal rights must have corresponding remedies.

Equity follows the law

Equity does not override common law but complements it, filling gaps when necessary.

Where there is equal equity, the law shall prevail

In conflicts between legal and equitable claims, the legal claim takes precedence if both are equally valid.

He who seeks equity must do equity

Anyone seeking justice in equity must act fairly and justly towards others involved in their claim.

He who comes to equity must come with clean hands

A party seeking equitable relief must not be guilty of wrongdoing related to their claim.

Delay defeats equity

Equity does not assist those who have been negligent or inactive in pursuing their rights.

Equality is equity

Equity favors equal treatment and division among parties entitled to benefits unless otherwise justified.

Equity looks to the intent rather than to the form

Equity prioritizes the substance of matters over strict adherence to formality.

Equity looks on that as done which ought to be done

Agreement intended to be fulfilled is treated as if it has already been completed.

Equity imputes an intention to fulfill an obligation

If an act can be seen as fulfilling an obligation, the court will interpret it as such.

Equity acts in personam

Equity targets individuals directly, rather than merely their property, in its relief efforts.

What is Equity?

A body of law that aims to provide fairness and justice in legal matters, supplementing common law.

Jurisdiction of Equity

The authority of courts to administer justice according to principles of equity.

Equitable Remedy

A form of judicial relief that is based on fairness and ethical considerations rather than legal rights strictly.

Injunction

A court order that requires a party to do or refrain from doing specific acts.

Specific Performance

A legal remedy where the court orders the party to fulfill their contractual obligations rather than compensating for damages.

Rescission

A remedy that cancels a contract and restores the parties to their pre-contractual position.

Reformation

A judicial remedy that modifies a written agreement to reflect the true intentions of the parties.

Constructive Trust

A remedy imposed by the court to prevent unjust enrichment in cases of wrongdoing.

Equitable Estoppel

A principle that prevents a party from arguing something contrary to a claim they previously made when it would be unjust to allow them to change their position.

Maxim: Equity will not suffer a wrong to be without a remedy

Ensures that for every wrong, there is a remedy available.

Maxim: Ubi jus ibi remedium

Latin axiom meaning 'where there is a right, there is a remedy'.

Maxim: Equity follows the law

Principle that equity complements and does not override the common law.

Maxim: Where there is equal equity, the law shall prevail

In case of conflict between legal and equitable claims, the law takes precedence.

Maxim: He who seeks equity must do equity

Requests for equitable relief must come from parties acting fairly.

Maxim: He who comes to equity must come with clean hands

A claimant in equity must not have engaged in misconduct related to the issue.

Maxim: Delay defeats equity

Equity aids those who act promptly; delay can bar recovery.

Maxim: Equality is equity

An equitable principle advocating equal treatment in similar circumstances.

Maxim: Equity looks to the intent rather than to the form

Focus on the underlying intention rather than strict legal formalities.

Maxim: Equity looks on that as done which ought to be done

Intentions of the parties are treated as fulfilled if they were meant to be.

Maxim: Equity imputes an intention to fulfill an obligation

Courts interpret actions as fulfilling obligations if the intention is clear.

Equity acts in personam

Equity actions are targeted at individuals rather than merely their property.

Chancery Courts

Courts historically established to handle cases of equity.

Equitable Defence

A defence in equity that counters a claim by focusing on fairness.

Clean Hands Doctrine

A principle that denies relief to a claimant who has acted unethically in the matter at hand.

Provisional Remedies

Temporary relief granted to prevent imminent harm before a final decision is made.

Equitable Assignments

Transference of benefits or rights in equity, often under contractual obligations.

Equity and Common Law

Equity complements common law by providing remedies and justice not available under the strict law.

Trust Law

The area of law governing the creation and administration of trusts in equity.

Statutory Equitable Relief

Equitable remedies provided for by statute, enhancing access to justice.

Requisites of Equitable Relief

Requirements including the need for a wrong, the availability of remedy, and no adequate remedy at law.

Negligence in Equity

Negligence can affect one’s ability to seek equitable relief, highlighting the importance of prompt action.

Equitable Lien

A right to keep possession of another's property until a debt owed by that person is discharged.

Equitable Apportionment

Distribution of benefits or burdens in a fair and just manner among parties.

Equitable Distribution

Fair distribution of marital property during divorce proceedings based on equitable principles.

Conversion

The wrongful exercise of dominion over someone else’s property that deprives them of its use.

Fraud in Equity

Deceit used to gain an advantage in a legal matter, affecting equitable rights.

Trustee

An individual or organization that holds property in trust for the benefit of another.

Beneficiary

A person or entity that benefits from a trust or will.

Undue Influence

The excessive pressure on a person to make decisions against their free will, often in matters of equity.

Subrogation

Legal principle allowing one party to step into the shoes of another to claim their rights.

Compelling Performance

Court-ordered compliance with a contractual obligation.

Equitable Title

The interest held by a party in property, giving them rights to obtain legal title.