Topic: Maxims of
Equity
ABSTRACT
Maxims are only guidelines. The maxims of equity are statements which embody rules of equity They are not applied strictly in every case. But they help us to understand what the rules of
Maxims are only guidelines. The maxims of equity are statements which embody rules of equity They are not applied strictly in every case. But they help us to understand what the rules of
equity are. No logical sequence and they often overlap. There
can be two maxim that actually says the same thing. There can be one equity
which is the exact opposite of another maxim.
INTRODUCTION
Maxims were not written down in an organized code or enacted by legislatures, but they have been handed down through generations of judges. Maxim can be defined as rule of equity , the system of justice that complements the common law. This maxim has been variously expressed: No one is entitled to the aid of a court of equity when that aid has become necessary through his or her own fault. Equity does not relieve a person of the consequences of his or her own carelessness. As a result, the wording of a maxim may vary from case to case. For example, it is a general rule that equity does not aid a party at fault.
Maxims were not written down in an organized code or enacted by legislatures, but they have been handed down through generations of judges. Maxim can be defined as rule of equity , the system of justice that complements the common law. This maxim has been variously expressed: No one is entitled to the aid of a court of equity when that aid has become necessary through his or her own fault. Equity does not relieve a person of the consequences of his or her own carelessness. As a result, the wording of a maxim may vary from case to case. For example, it is a general rule that equity does not aid a party at fault.
EQUITY
WILL NOT SUFFER A WRONG TO BE WITHOUT A REMEDY
Meaning
Where there is a right there is a remedy. This idea is expressed in the
Latin Maxim ubi jus ibi remedium. It
means that no wrong should go. . .. .
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