Equity developed to soften the common law. In a modern mixed system the maxims are still how you justify a remedy the statute does not spell out: specific performance, injunction, rescission, rectification, tracing, and the constructive trust. Learn a short application for each maxim, not a Latin tattoo.
- Equity will not suffer a wrong to be without a remedy — the origin of many injunctions.
- Equity follows the law — it does not contradict statute or legal title without a reason.
- He who seeks equity must do equity — conditions can be imposed on the claimant.
- He who comes to equity must come with clean hands — misconduct in the transaction bars relief.
- Delay defeats equities — laches is not the same as limitation, but it is cousin to it.
- Equality is equity — joint accounts, equal division where shares are unclear.
- Equity looks to the intent rather than the form — a mortgage is a mortgage.
- Equity looks on that as done which ought to be done — specifically enforceable agreements.
- Equity imputes an intention to fulfil an obligation — the doctrine of performance.
- Equity acts in personam — orders bind the person, which is why contempt still matters.
- Where the equities are equal, the first in time prevails — notice and priority.
- Where the equities are equal, the law prevails — the bona fide purchaser for value without notice.