Principles of Equity
When the law is silent, the principle of equity applies. The following are
explication of what equity is all about sourced from "20 Equity Maxims."
explication of what equity is all about sourced from "20 Equity Maxims."
- Equity is not suffering wrong without remedy.
- 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
- Equity acts in personam or persons
- Equity abhors a forfeiture.
- Equity does not require an idle gesture.
- He who comes into equity must come with clean hands.
- Equity delights to do justice and not by halves.
- Equity will take jurisdiction to avoid a multiplicity of suits.
- Equity follows the law.
- Equity will not aid a volunteer.
- Where equities are equal, the law will prevail.
- Between equal equities the first in order of time shall prevail.
- Equity will not complete an imperfect gift.
- Equity will not allow a statute to be used as a cloak for fraud.
- Equity will not allow a trust to fail for want of a trustee.
- Equity regards the beneficiary as the true owner.
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