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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.
Bouvier's Law Dictionary is a set consisting of two or three books with a long tradition in the United States legal community. The first edition was written by John Bouvier . John Bouvier (1787–1851) was born in Codognan, France, [ citation needed ] but came to the United States at an early age.
John Bouvier was born in 1787 in Codognan, France, in the department du Gard, to Jean Bouvier (1760–1803) and Marie Benezet (1760–1823). They were members of the Quakers. [6] John Bouvier was educated in Nimes. [1] In 1802, Jean and Marie Bouvier, John Bouvier, and his brother Daniel emigrated to America and settled in Philadelphia. [1]
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!
The court undertook self-restraint to safeguard its position. It elaborated the maxims of equity, many centuries old, that restrict its jurisdiction to certain fields of law, impose preconditions for suits/applications and curtail its remedies (particularly damages) which equity might award if there were no common law courts or statute.
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 ...
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Maxims of equity; Tracing; Trust law This page was last edited on 28 January 2024, at 00:53 (UTC). Text is available under the Creative Commons ...