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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.
Conceptually, equity was part of the historical origins of the system of common law of England, [2] yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity. [2] Equity exists in domestic law, both in civil law and in common law systems, and in international ...
Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law.. The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers[e] and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some ...
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 ...
Equity is a roguish thing: for law we have a measure, know what to trust to; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. ‘Tis all one, as if they should make his foot the standard for the measure we call a Chancellor's foot; what an uncertain measure would this be!
Walsh v Lonsdale (1882) 21 Ch D 9 is an English property law case about the effect of the Judicature Acts.It is the authority for the equitable maxim that "Equity regards as done that which ought to be done".
WASHINGTON (Reuters) -U.S. President-elect Donald Trump on Saturday named his social media platform CEO Devin Nunes to lead an intelligence advisory panel and said his former intelligence chief ...
Laches (equity) Last clear chance; Last injurious exposure rule; Law of the case; Learned intermediary; Legal certainty; Legal immunity; List of Latin legal terms; Legal transplant; Legality; Legality of the War on Drugs; List of international and European laws on child protection and migration; Living tree doctrine; Loss of chance in English law