What is the maxim of equity?

Asked by: Violette Larson  |  Last update: February 16, 2026
Score: 4.7/5 (42 votes)

Equitable maxims are fundamental principles guiding courts in fairness (equity) to supplement strict law, focusing on justice beyond legal technicalities, like "He who comes to equity must come with clean hands" (act honestly), "Equity acts in personam" (acts on the person), "Delay defeats equity" (act promptly), and "Equity will not suffer a wrong to be without a remedy" (provide solutions where law fails). Developed by the English Court of Chancery, these maxims ensure equitable remedies (like injunctions or specific performance) are fair, considering a party's conduct and the true intent behind actions, not just rigid rules.

What are the maxims of equity?

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 does equity mean in simple terms?

Equity, simply put, is ownership value after debts are paid, like the cash you'd get from selling a house minus the mortgage, or a company's assets minus its liabilities, representing the owners' stake. It also refers to fairness or justice in treatment, ensuring people get what they need to reach equal outcomes, differing from equality (giving everyone the same).
 

Do maxims of equity override law?

Equity follows the law

This maxim, also expressed as Aequitas sequitur legem, means more fully that "equity will not allow a remedy that is contrary to law." The Court of Chancery never claimed to override the courts of common law.

What does the maxim he who seeks equity must do equity mean?

The maxim "He who seeks equity must do equity" essentially means that. those who seek fairness or justice in a situation must themselves act in a fair and just manner.

Maxims of Equity | Law of Trusts

39 related questions found

What is a maxim in the law?

A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim.

What did Aristotle say about equity?

In a famous passage in his Ethics, Aristotle considers the nature of equity and its relation to justice. 1 His conclusion seems to be that equity's role is to prevent the law from adhering too rigidly to its own rules and principles when those rules and principles produce injustice.

What are the three equitable remedies?

There are three types of equitable remedies: specific performance, injunction, and restitution.

Which of the following is an example of an equitable maxim?

Six equitable maxims explain equity's procedural rules: (1) equity acts in personam; (2) equity will not aid a volunteer; (3) he who comes into equity must come with clean hands; (4) equity aids the vigilant, not the indolent; (5) one who seeks equity must do equity; and (6) equity delights to do justice, and not by ...

Who said he who comes to equity must come with clean hands?

The law of equity is based on the jurisprudence of fairness, good conscience, and equality. rather the personal conduct of the plaintiff. It is well said principle in the case of Gross v. Gross (1983) that he who comes to equity must come with clean hands.

What is equity in one word?

Equity refers to the principle of fairness, justice, and impartiality.

What are the disadvantages of equity?

Disadvantages

  • Share profit. Your investors will expect – and deserve – a piece of your profits. ...
  • Loss of control. The price to pay for equity financing and all of its potential advantages is that you need to share control of the company.
  • Potential conflict.

How much is $1000 a month invested for 30 years?

Investing $1,000 a month for 30 years results in total contributions of $360,000, but the final value depends heavily on the average annual return, potentially ranging from around $800,000 at 5% to over $2.2 million at 10% or more, with figures like $1.4 million (8.27% return) and $1.8 million (9.5% return) being common estimates, showcasing significant compound growth. 

How do courts decide on equitable relief?

A court's authority to order equitable relief stems from the court's equitable powers, meaning the powers to grant relief as necessary to achieve fair and equitable results. As a rule, equitable relief is only available when legal relief—meaning money damages—isn't adequate to bring the injured party complete relief.

What are some examples of maxims?

"Actions speak louder than words." / "The pen is mightier than the sword." "You're never too old to learn." / "You can't teach an old dog new tricks." "All good things come to those who wait." / "Time and tide wait for no man." "Many hands make light work." / "Too many cooks spoil the broth."

What does equity mean in legal terms?

equity. n. 1) a venerable group of rights and procedures to provide fairness, unhampered by the narrow strictures of the old common law or other technical requirements of the law.

What are the five maxims of equity?

[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 ...

What does it mean to judge someone with equity?

It refers to the fair and impartial application of justice by the judiciary, ensuring that individual circumstances, social inequalities, and systemic barriers are considered when interpreting and enforcing the law.

Is equity the same as fairness?

While fairness assumes that treating everyone the same is inherently just, equity recognises that equal opportunities often require embracing and addressing individual differences. This distinction is critical for HR and L&D professionals striving to create workplaces where everyone can succeed.

Can you sell a property with equitable title?

With equitable title, the buyer is granted rights to use, possess, and benefit from the property. However, the seller retains the legal title, maintaining the authority to transfer or sell the property.

What are equitable remedies in Canada?

The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something).

Is equity above common law?

It was ruled that, where there is a conflict between the common law and equity, equity will prevail. The conflict was finally put to rest by the setting up Judicature Acts in 1873-75 where the Supreme Court could now administered both rules of common law and equity.

What is Aristotle's most famous quote?

Top 25 Aristotle Quotes on Virtue, Knowledge, and Happiness

  • “We are what we repeatedly do. ...
  • “Happiness depends upon ourselves.” ...
  • “Educating the mind without educating the heart is no education at all.” ...
  • “Knowing yourself is the beginning of all wisdom.” ...
  • “He who has overcome his fears will truly be free.”

What does Plato mean by equity?

In other words, Plato views equity in deliberately fictive terms in order that it may, as Terry Eagleton suggests more generally in relation to metaphor, 'betray its own fictive and arbitrary nature at just those points where it is offering to be most intensively persuasive' (1996, p.

What is a powerful quote about equality?

General quotes about equality

“If you want to see the true measure of a man, watch how he treats his inferiors, not his equals.” “Before God, we are all equally wise, and equally foolish.” “Equality means nothing unless incorporated into the institutions.”