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Verified 20 Maxims of Equity Role of Maxims

Equity maxims are general principles that guide equitable decisions but can be deviated from based on specific cases. Many maxims overlap and two core principles are that "equity will not suffer a wrong to be without a remedy" and "equity acts on the person." The document then lists 20 maxims of equity, such as seeing as done what ought to be done, aiding the vigilant, abhorring forfeitures, requiring clean hands, and following the law. It provides an example for the first maxim, which means equity will regard legal acts as done if they were required to be done.

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2K views2 pages

Verified 20 Maxims of Equity Role of Maxims

Equity maxims are general principles that guide equitable decisions but can be deviated from based on specific cases. Many maxims overlap and two core principles are that "equity will not suffer a wrong to be without a remedy" and "equity acts on the person." The document then lists 20 maxims of equity, such as seeing as done what ought to be done, aiding the vigilant, abhorring forfeitures, requiring clean hands, and following the law. It provides an example for the first maxim, which means equity will regard legal acts as done if they were required to be done.

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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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20 Maxims of Equity Role of Maxims

Maxims of equity are not a rigid set of rules, but are, rather, general principles which can
be deviated from in specific cases.[2] Snells
Equity
, an English treatise, takes the view that 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.[3]
List of Maxims

1 Equity sees that as done what ought to be done

2 Equity will not suffer a wrong to be without a remedy

3 Equity delights in equality

4 One who seeks equity must do equity

5 Equity aids the vigilant, not those who slumber on their rights

6 Equity imputes an intent to fulfill an obligation

7 Equity acts
in personam
or persons

8 Equity abhors a forfeiture

9 Equity does not require an idle gesture

10 He who comes into equity must come with clean hands

11 Equity delights to do justice and not by halves

12 Equity will take jurisdiction to avoid a multiplicity of suits


13 Equity follows the law

14 Equity will not aid a volunteer

15 Where equities are equal, the law will prevail

16 Between equal equities the first in order of time shall prevail

17 Equity will not complete an imperfect gift

18 Equity will not allow a statute to be used as a cloak for fraud

19 Equity will not allow a trust to fail for want of a trustee

20 Equity regards the beneficiary as the true owner


List of Maxims1. Equity sees that as done what ought to be done
This maxim means that when individuals are required, by their agreements or by law, to
perform some act of legal significance, equity will regard that act as having been done as
it ought to have been done, even before it has actually happened. This makes possible the
legal phenomenon of equitable conversion. Sometimes this is phrased as equity regards
as done what should have been done.

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