What is equity law teacher?
Equity acts in personam: This maxim states that equity relates to a person rather than their property. It applies to property outside a jurisdiction provided that a defendant is within the jurisdiction.
What are the 12 equitable maxims?
List of Maxims of Equity
- Equity is equality.
- He who comes to equity must come with clean hand.
- Equity will not suffer wrong to be without remedy.
- Delay defeats equity.
- Equity abhors forfeiture.
- Equity follows the law.
- Equity regards as done what ought to be done.
- Equity looks to intent rather than form.
Is law of equity still relevant today?
Today equity is as vital and fruitful a source of principle as it ever was, because the fundamental notions of equity are universal applications of principles to continually recurring problems. Equitable rights, interests and remedies remain in the law today.
What is meant by the maxims of equity?
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts.
How many maxims are there in equity?
twelve maxims
The body of the Law of Equity is preserved in the following twelve maxims. These maxims are general principles adopted to administer justice and fairness. They govern the Law of Equity and are discretionary.
What is the legal maxims of equity?
Why does equity prevail over common law?
When equity originally developed as a “gloss on the common law” according to Pettit, [3] it developed new remedies and recognized new rights where the common law fails to act. Therefore, equity provides a remedy where common law provides none or provides a more suitable remedy than common law.
What is maxim equity law?
How many legal maxims are there?
Top 121 Legal Maxims for Law Exams (2021)
How are maxims related to the law of equity?
These are the general legal principles that have been adopted threw following precedent in regard to equity. These maxims are the body of law that has developed in relation to equity and these help to govern the way equity operates. All maxims are discretionary in nature and courts may choose whether they wish to apply these principles. 1.
Why is he who comes to equity must come with clean hands?
This maxim is discretionary in nature and is concerned with the future conduct of the plaintiff. (Cheese v Thomas 1994) He who comes to equity must come with clean hands: This maxim is linked to the previous maxim and relates to the past conduct of parties.
Which is the stronger hand equity or common law?
The stronger hand is the one that has the capacity to ask for a legal remedy (judicial relief). In equity, this form of remedy is usually one of specific performance or an injunction (injunctive relief). These are superior remedies to those administered at common law such as damages.
When does he who seeks equity have to do equity?
He who seeks equity must do equity: A remedy will only be provided where you have acted equitable in the transaction. This maxim is discretionary in nature and is concerned with the future conduct of the plaintiff. 4.