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Maxims of equity information


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.

  1. ^ Edwards, Richard; Stockwell, Nigel (2005). Trusts and Equity (7 ed.). Pearson Education. p. 34. ISBN 1-4058-1227-3.
  2. ^ "The maxims of equity" (PDF). Retrieved 2020-02-05.

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Maxims of equity

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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...

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Legal maxim

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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...

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Milroy v Lord

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to follow one of the maxims of equity that "Equity will not assist a volunteer". Thomas Medley held shares in a company called the Bank of Louisiana, and...

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Walsh v Lonsdale

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year. The Walsh v Lonsdale principle is now embodied in the recognition by the courts of the equitable lease. Maxims of equity (1882) 21 Ch D 9, 14-15...

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Subrogation

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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...

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Strong v Bird

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to the property and no steps should be taken to recover it from her." English trusts law Maxims of equity English property law [1935] 1 Ch 449, at 451...

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English law

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principles known as the "maxims of equity". The reforming Judicature Acts of the 1880s amalgamated the courts into one Supreme Court of Judicature which was...

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Clean hands

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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...

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Bona fide purchaser

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jurisdiction over the question of legal title, which belongs to the common law. The relationship between the courts of equity and the BFP is at root characterised...

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Injunction

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charged with contempt of court. The injunction is an equitable remedy, that is, a remedy that originated in the English courts of equity. Like other equitable...

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Estoppel

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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...

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Life estate

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provides a reliable 'mirror of title' which can only be subjected to a very few overriding interests. A maxim of equity is 'Where equities are equal...

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Equitable interest

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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...

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History of equity and trusts

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of equity 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...

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Judicature Acts

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its position. It elaborated the maxims of equity, many centuries old, that restrict its jurisdiction to certain fields of law, impose preconditions for...

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Secret trusts in English law

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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...

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Unconscionability

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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...

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Specific performance

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rights were limited to an award of damages. Later, the court of equity developed the remedy of specific performance instead, should damages prove inadequate...

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Doctrine of marshalling

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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...

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Knowing receipt

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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;...

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Index of law articles

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witness – Matrimonial regime – Matter – Maturity – Maxims – Maxims of equity – Maxims of law – May – Mayhem – Mechanic's lien – Mechanics lien – Mediation –...

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Constructive trust

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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...

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Equitable conversion

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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...

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