Principles that govern the operation of equity within English law
Equitable doctrines
Doctrines
Equitable conversion
Estoppel
Hotchpot
Knowing receipt
Laches
Marshalling
Unconscionability
Undue influence
Subrogation
Defences
Bona fide purchaser
Clean hands
Equitable remedies
Account of profits
Constructive trust
Declaratory relief
Injunction
Rectification
Rescission
Specific performance
Related
Court of Chancery
Equitable interest
History of equity
Maxims of equity
Tracing
Trust law
v
t
e
Main article: Equity (law)
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 tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims', it cannot be said that there is a definitive list of them.[1][2] Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin.
^Edwards, Richard; Stockwell, Nigel (2005). Trusts and Equity (7 ed.). Pearson Education. p. 34. ISBN 1-4058-1227-3.
^"The maxims of equity" (PDF). Retrieved 2020-02-05.
time honored of the maxims, listed on this page, are often referred to on their own as the 'maximsofequity' or 'the equitable maxims', it cannot be said...
1860) A. I. Morgan, English Version of Legal Maxims (Cincinnati, 1878); S. S. Peloubet, Legal Maxims in Law and Equity (New York, 1880). Anonymous, Latin...
to follow one of the maximsofequity that "Equity will not assist a volunteer". Thomas Medley held shares in a company called the Bank of Louisiana, and...
year. The Walsh v Lonsdale principle is now embodied in the recognition by the courts of the equitable lease. Maximsofequity (1882) 21 Ch D 9, 14-15...
the extent to which equity remains a distinct body of law in that jurisdiction. English courts have now accepted that the concept of unjust enrichment has...
to the property and no steps should be taken to recover it from her." English trusts law Maximsofequity English property law [1935] 1 Ch 449, at 451...
principles known as the "maximsofequity". The reforming Judicature Acts of the 1880s amalgamated the courts into one Supreme Court of Judicature which was...
is often stated as "those seeking equity must do equity" or "equity must come with clean hands". This is a matter of protocol, characterised by A. P. Herbert...
jurisdiction over the question of legal title, which belongs to the common law. The relationship between the courts ofequity and the BFP is at root characterised...
charged with contempt of court. The injunction is an equitable remedy, that is, a remedy that originated in the English courts ofequity. Like other equitable...
doctrines of estoppel are based in both common law and equity. Estoppel is also a concept in international law. There are many different types of estoppel...
States. Equity is a concept of rights distinct from legal (that is, common law) rights; it is (or, at least, it originated as) "the body of principles...
ofequity and trusts concerns the origin of the body of rules known as Equity, Uses, English trust law and their development into the modern body of trust...
its position. It elaborated the maximsofequity, many centuries old, that restrict its jurisdiction to certain fields of law, impose preconditions for...
himself, committing fraud. The fraud theory utilises the equitable maxim that "equity will not allow a statute to be used as a cloak for fraud". A more...
there is knowledge of one party that the other party is seriously inebriated and that party takes advantage of such inebriation, equity will intervene to...
rights were limited to an award of damages. Later, the court ofequity developed the remedy of specific performance instead, should damages prove inadequate...
in the context of lending. It was described by Lord Hoffmann as: [A] principle for doing equity between two or more creditors, each of whom are owed debts...
them in breach of trust. To be liable for knowing receipt, the claimant must show, first, a disposal of his trust assets in breach of fiduciary duty;...
have a beneficial interest in their home? Here, equity will follow the law. Following Stack v Dowden equity will look at the registered owner as a property...
conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at...