Maxims of equity
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The maxims of equity evolved, in Latin and eventually translated into English, as the principles applied by courts of equity in deciding cases before them.
Among the traditional maxims are:
- Equity regards as done that which ought to be done.
- Equity will not suffer a wrong to be without a remedy.
- Equality is equity.
- Equity regards substance rather than form.
- One who seeks equity must do equity.
- One who comes into equity must come with clean hands.
- Equity aids the vigilant, not those who slumber on their rights.
- Equity imputes an intent to fulfill an obligation.
- Equity acts in personam. (Against the person, not their property)
- Delay defeats equity.
- Equity will not concern itself with abstract wrongs.
- Equity abhors a forfeiture.
- Equity does not require an idle gesture.
- Equity will not permit a party to profit by his own wrong.
- 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.
- Between equal equities the law will prevail.
- Between equal equities the first in order of time shall prevail.
In modern times, law students have summed up the meaning of the maxims as:
- Equity taketh no shit.
See also: brocard