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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.
injury without financial or property loss It was stated in Ashby v. White that the law makes a presumption of damage in the absence of actual perceptible damage or financial loss and that the infringement of a right was enough for iniuria sine damno to be actionable. [12] / ɪ n ˈ juː r i ə ˈ s aɪ n i ˈ d æ m n oʊ / innuendo: by nodding
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 ...
For example, in Michigan the so-called "910 Report" must be filed after a matter is under advisement for more than 90 days. It requires the judge to file a certified statement with the court administrator specifying the case, the matters taken under advisement, the reasons for the delay, and the estimated time of arrival for the cure to the ...
The maxim is first quoted in a case [a] from 1496, where a woman against whom a defamation judgment was issued died before paying the damages and costs. [ 3 ] The Kings Bench first used the maxim in Cleymond v Vincent (1523) but it was popularised by Edward Coke , [ 4 ] with cases like Pinchons Case (1616), [ 5 ] and Bane's Case, [ 6 ] and to ...
More recent law overrules older law on the same matter. [9] Lex retro non agit "The law does not operate retroactively." A law cannot make something illegal that was legal at the time it was performed. See ex post facto law. Lex specialis derogat legi generali "A law governing a specific subject matter overrides a law which only governs general ...
Financial regulation is a broad set of policies that apply to the financial sector in most jurisdictions, justified by two main features of finance: systemic risk, which implies that the failure of financial firms involves public interest considerations; and information asymmetry, which justifies curbs on freedom of contract in selected areas of financial services, particularly those that ...
A maxim is a moral rule or principle, which can be considered dependent on one's philosophy. A maxim is often pedagogical and motivates specific actions. The Oxford Dictionary of Philosophy defines it as: Generally any simple and memorable rule or guide for living; for example, 'neither a borrower nor a lender be'.