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20 Δεκ 2021 · Maxims of equity are those principles developed by the court of chancery in its effort to ameliorate the hardship of common law. Through these maxims, the court of chancery found its way to escape the hardship of common law and provide fair and conscionable remedies where there is none.
Equity respected every word of law and every right at law but where the law was defective, in those cases, equity provides equitable right and remedies. In modern-day England and Wales, this maxim no longer applies; as per section 49(1) of the Senior Courts Act 1981 , the law follows equity instead:
23 Νοε 2020 · What this essentially means is that if a person has acted in a way which can be interpreted to mean that he has waived his right, he cannot come back later to try to enforce that right. An exception however, would be in a situation where the plaintiff previously did not have any awareness of the existence of such rights, there was undue ...
21 Σεπ 2022 · At a virtual discussion held by Harvard Law School on Monday, panelists debated whether political ideology has helped shape the Court’s recent decisions on topics like abortion, gun rights, and election and voting law — and where to go from here.
10 Ιουλ 2020 · The maxim goes, “He who comes to equity must approach the court with clean hands”. It’s commonly understood that the maxim means that a claimant should be deprived of all court-based remedies, because of some dishonesty, misrepresentation, illegality or unfairness.
19 Σεπ 2019 · Today, 19 equitable maxims, developed by English courts centuries ago to allow persons to recover their castles, apply to civil litigation cases.
3 Απρ 2021 · It goes together with the view that applying the law is (to quote but a recent formulation) ‘to solve a legal dispute by subsuming an individual case under a general normative premise (a legal rule, legal standard, legal principle, legal precedent, etc.)’.