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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.
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim.The word is apparently a variant of the Latin maxima, but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on regular ...
The converse principle—"everything which is not allowed is forbidden"—used to apply to public authorities in England, whose actions were limited to the powers explicitly granted to them by law. [11] The restrictions on local authorities were lifted by the Localism Act 2011 which granted a "general power of competence" to local authorities. [12]
Worthington, Sarah (12 October 2006). Equity. Clarendon Law Series (2nd ed.). Oxford University Press. ISBN 0199290504. For a brief outline of the maxims, doctrines and remedies developed under equity: Watt, Gary (29 March 2007). Todd & Watt's Cases and Materials on Equity and Trusts (6th ed.). Oxford University Press. ISBN 978-0199203161.
Although Edward Law, 1st Baron Ellenborough (pictured) rejected a categorical application of the rule falsus in uno, falsus in omnibus for English courts in the year 1809, the doctrine survives in some American jurisdictions. [1] Falsus in uno, falsus in omnibus is a Latin [2] maxim [3] meaning "false in one thing, false in everything". [4]
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
Maxims of equity; Maxwellisation; Medical necessity; Meeting of the minds; Merger doctrine; Merger doctrine (civil procedure) Merger doctrine (copyright law) Merger doctrine (family law) Merger doctrine (property law) Merger doctrine (trust law) Mirror image rule; Mistake (contract law) Mootness; Moral certainty; Mosaic theory of the Fourth ...
Salus publica suprema lex esto in the Swiss Parliament.. Salus populi suprema lex esto (Latin: "The health [welfare, good, salvation, felicity] of the people should be the supreme law"; "Let the good [or safety] of the people be the supreme [or highest] law"; [1] or "The welfare of the people shall be the supreme law") is a maxim or principle found in Cicero's De Legibus (book III, part III, sub.