单词 | maxims of equity |
释义 | maxims of equity • equity acts in personam; • equity acts on the conscience; • equity aids the vigilant; • equity will not suffer a wrong without a remedy (i.e. equity will not allow a person whom it considers as having a good claim to be denied the right to sue); • equity follows the law (i.e. equity follows the rules of common law unless there is a good reason to the contrary); • equity looks at the intent not at the form (i.e. equity looks to the reality of what was intended rather than the way in which it is expressed); • where the equities are equal, the earlier in time prevails (i.e. where rights are equal in worth or value, the earlier right created takes precedence over the later); • he who seeks equity must do equity; • he who comes to equity must come with clean hands (see equitable remedies); • equality is equity; • equity looks on that as done which ought to be done (see conversion); • equity imputes an intent to fulfil an obligation (see satisfaction); • equity will not assist a volunteer (see voluntary settlement); • equity will not permit a statute to be used as an instrument of fraud. |
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