MAXIMS OF EQUITY

The Maxims of Equity are general chief premises which propose equitable concepts and principles. They are case-based and have been developed by the Courts over the years.

 

From its etymological meaning, a maxim is a "greatest or chief premise, greatest among propositions (one which is general and absolute)". The meaning of the concept of equity is explained in this post. A maxim of equity is therefore a guiding principle to achieve what is fair, even or just.

"Some of these principles are so comprehensive and fruitful, that one who has grasped them in their fullness of conception has already mastered the system of equity; all else is the mere application of these grand truths to particular circumstance" - John Norton Pomeroy

1. Equity sees that as done what ought to be done

2. Equity will not suffer a wrong to be without a remedy

3. Equity delights in equality

4. One who seeks equity must do equity

5. Equity aids the vigilant, not those who slumber on their rights

6. Equity imputes an intent to fulfill an obligation

7. Equity acts in personam or persons

8. Equity abhors a forfeiture

9. Equity does not require an idle gesture

10. He who comes into equity must come with clean hands

11. Equity delights to do justice and not by halves

12. Equity will take jurisdiction to avoid a multiplicity of suits

13. Equity follows the law

14. Equity will not aid a volunteer

15. Where equities are equal, the law will prevail

16. Between equal equities the first in order of time shall prevail

17. Equity will not complete an imperfect gift

18. Equity will not allow a statute to be used as a cloak for fraud

19. Equity will not allow a trust to fail for want of a trustee

20. Equity regards the beneficiary as the true owner