ABSTRACT
Maxim can be defined as rule of
equity , the system of justice that complements the common law. The maxims were
not written down in an organized code or enacted by legislatures, but they have
been handed down through generations of judges. 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. 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.
INTRODUCTION
The maxims of equity are statements
which embody rules of equity. They are only guidelines. 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. The twelve equitable maxims are:
1. He who seeks equity must do
equity
2. He who comes to equity must
come with clean hands
3. Equity is equality (Equality
is equity)
4. Equity looks to the intent or
substance rather than the form
5. Equity looks upon as done that
which ought to be done...........
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