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KembaraXtra – Legal Terms – Maxims of Equity
The maxims of equity are short traditional statements expressing the fundamental principles that guide courts applying equitable doctrines and remedies.
These maxims are not strict legal rules but broad principles developed historically by courts of equity. They help explain the reasoning behind equitable remedies and judicial discretion. Common examples include “equity aids the vigilant,” “equity follows the law,” and “he who comes to equity must come with clean hands.”
Other important maxims emphasize fairness and conscience, such as the idea that equity acts in personam, that equality is equity, and that equity looks to the substance rather than merely the form of transactions.
Although the maxims are sometimes subject to exceptions and may not always be precisely accurate, they continue to influence modern equitable principles and judicial reasoning.
The maxims of equity are short traditional statements expressing the fundamental principles that guide courts applying equitable doctrines and remedies.
These maxims are not strict legal rules but broad principles developed historically by courts of equity. They help explain the reasoning behind equitable remedies and judicial discretion. Common examples include “equity aids the vigilant,” “equity follows the law,” and “he who comes to equity must come with clean hands.”
Other important maxims emphasize fairness and conscience, such as the idea that equity acts in personam, that equality is equity, and that equity looks to the substance rather than merely the form of transactions.
Although the maxims are sometimes subject to exceptions and may not always be precisely accurate, they continue to influence modern equitable principles and judicial reasoning.
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