Maxims of Equity

Equity operates through timeless principles — guiding lights that ensure justice, fairness, and honor beyond the rigid application of law.

These maxims of equity form the foundation of equitable jurisprudence, reflecting the deeper truths that govern how fairness is upheld in both private and public matters. Rooted in conscience, good faith, and the law of notice, these principles remind us that equity is ever-present, favoring the vigilant, correcting imbalances, and ensuring that those who seek fairness must themselves act with integrity.

To know equity is to recognize its presence beneath the surface of all legal fictions, a force that restores balance where the law alone may falter or be insufficient.

1. Equity will not allow a wrong to be without a remedy : Equity will not allow a person to be denied a remedy for a wrong that has been committed, even if legal statutes fall short or don't provide for it;
   
   
2. Equity acts in personam : Equitable remedies target the person rather than the property involved, focusing on directing the actions or conduct of individuals to achieve justice;
   
   
3. One who seeks equity must do equity : To ask for fairness, one must act (have acted) fairly, honestly, and ethically; a claimant seeking relief must have behaved justly in relation to the matter at hand; a person guilty of wrongdoing cannot benefit from equity; One who comes to seek equity must come with clean hands;
   
   
4. Equity looks to intent, conduct, and substance, rather than form : Equity prioritizes the intention and substance behind an agreement or act, rather than rigid adherence to its formal structures; 
   
   
5. Equity remedies errors : Equity seeks to correct mistakes and imperfections, where law alone would fail to deliver justice;
   
   
6. Equity regards as done that which ought to be done : Equity treats something that is contractually or legally required as though it has already been completed; this principle is often applied in specific performance of contracts and agreements;
   
   
7. Equity will not assist a volunteer : Those who give something without expecting anything in return (volunteers) cannot seek help from equity, as they have no legal obligation or right to claim; 
   
   
8. Notice is equivalent to knowledge : As equity operates under the law of notice, when a person has received notice — whether direct or constructive — they are deemed to have knowledge of the matter and cannot claim ignorance;
   
   
9. Equity delights in equality : Where possible, equitable remedies strive to achieve fairness and balance between the parties involved;
   
   
10. Equity aids the vigilant, not those who slumber on their rights : Equity supports those who are proactive in asserting their rights in a timely manner, not those who delay or neglect their claims for equitable relief;
    
    
11. Equity imputes an intention to fulfill an obligation : If someone has the ability and opportunity to fulfill a legal obligation, equity assumes they intend to do so;
    
    
12. Equity delights in equality : Equity strives for fairness, often distributing benefits or obligations equally among parties in cases where such fairness is required;
    
    
13. Equity abhors unjust enrichment : Equity intervenes to restore fairness and balance in preventing one party from gaining an unfair benefit by the expense of, detriment to, or harm upon another;
    
    
14. Equity delights to do justice, and not by halves : Equity resolves and ensures all aspects of justice and truth are addressed in one proceeding, rendering a full and complete collection of remedies fitting to the matter(s) at hand;
    
    
15. Where the equities are equal, the first in time shall prevail : If both parties have equally compelling claims in equity, the court will defer to the rights established first;
    
    
16. The law is nothing without Equity, Equity is everything even without the law : Underscores that while laws create boundaries and order, equity represents a higher principle that prioritizes fairness and justice, which can sometimes exist independently of strict legal codes;
    
    
17. In fictions of law, Equity is always present : That  within legal fictions—constructs created by law, such as corporate entities or statutory frameworks—equity remains accessible; That no matter how artificial or rigid a legal system may appear, equity is always present as a remedy to prevent injustice and uphold fairness where strict legal rules might otherwise lead to dishonorable or unjust outcomes;
    
    
18. Equity abhors a forfeiture : Equity disfavors the idea of penalizing someone by depriving them of their rights or property; it seeks to prevent unnecessary or unjust forfeitures;
    
    
19. Equity will not perfect an imperfect gift : If a gift has not been legally completed or transferred, equity will not intervene to enforce or perfect it;
    
    
20. Equity regards the beneficiary as the true owner : In trusts, equity sees the beneficiary as the rightful owner of the trust property, even though legal title rests with the trustee;
    
    
21. Equity will not allow a statute to be used as an instrument of fraud : If the strict application of a statute results in fraud or unjust enrichment, equity can intervene to prevent such misuse;
    
    
22. Equity will not require an idle gesture : Equity does not demand actions that are pointless or serve no real purpose; if an act achieves nothing, equity will not order it;
    
    
23. Equity will not allow a trust to fail for want of a trustee : A trust will not fail simply because there is no trustee available;
    
    
24. Where the equities are equal, the law prevails : If both parties have equally compelling claims in equity, the court will defer to established legal rights rather than create a new equitable remedy;
    
    
25. The law delights in equity : The legal system, at its best, inherently values fairness and justice, recognizing that true justice requires the balance and conscience offered by equitable principles;