What are the 12 equitable maxims?
What are the 12 equitable maxims?
The main maxims are as follows: • equity acts * in personam; • equity acts on the conscience; • equity aids the vigilant; • equity will not suffer a wrong without a remedy (i.e. equity will not allow a person whom it considers as having a good claim to be denied the right to sue); • equity follows the law (i.e. equity …
What are the 7 maxims of equity?
Equity is equality. He who comes to equity must come with clean hand. Equity will not suffer wrong to be without remedy. Delay defeats equity.
How many equitable maxims are there?
Courts were guided by the previous decisions and that’s how the twelve maxims were formulated. These maxims limit the granting of equitable remedies for those who have not acted in an equitable manner.
What are the maxims and principles 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.
Which is the best example of an equitable maxim?
The twelve equitable maxims are: 1. Equity Will Not Suffer A Wrong To Be Without A Remedy 2. Equity Follows the Law 3. He Who Seeks Equity Must Do Equity 4.
Where can I find the maxims of equity?
AKONNOR OWUSU LARBI – EMAIL:[email protected] THE MAXIMS OF EQUITY Maxims of equity are principles developed by the English Court of Chancery and other courts who have administered equity jurisdiction, including the law of trusts. They were often expressed in Latin but are translated into English. The twelve equitable maxims are: 1.
What does the maxim of equity say about fairness?
HE WHO COMES INTO EQUITY MUST COME WITH CLEAN HANDS Meaning Equity demands fairness notonlyfrom the defendantbutalso from the plaintiff. It is therefore said that “he that hath committed an inequity,shall not have equity.”
Why are equitable maxims important in trust law?
Equity was designed to supplement the common law and often intervenes to prevent unjust results happening. Before delving into the complexities of trust law, it is important to know the different equitable maxims which could be applied. Equitable maxims are often cited by both commentators and judges.