Exclusive Equity
The Moral Foundation
Judge Tuley emphasized that these maxims embody the highest standard of morality:
"The standard by which parties are tried here, either as trustees or as copartners, as in various relations which may be suggested, is a standard—I am thankful to say so—far higher than the standard of the world."
— Vice-Chancellor Wood, Blisset vs. Daniels, 10 Hare, 427
The maxims incorporate:
Christian principles of love, equality, and brotherhood
Roman law concepts of aequitas and bona fides
Natural law and the laws of reason
Principles from the lex mercatoria and maritime law
Equity presumes honesty, abhors fraud, and requires good faith in all transactions. It treats parties as equals regardless of rank or status, and aims to prevent injustice while promoting conscience and fairness.
"Equity in its true and genuine meaning, is the soul and spirit of all law; positive law is construed by it, and rational law is made by it."
— Blackstone, as quoted by Murray F. Tuley
Legend:
Foundational Principles (#1): The core procedural basis of equity
Prerequisites for Relief (#4, 5, 9, 19): What parties must demonstrate
Substance Over Form (#2, 3, 8, 13-15): How equity analyzes transactions
Governing Principles (#6, 7, 10, 11, 16-18): Rules for distributing relief
Principal Maxims
These ten maxims form the foundational principles of equity jurisprudence, discussed in depth by Judge Tuley:\
1. Agere in Personam (Acting Upon the Person)
The foundational maxim of equitable procedure. Equity obtains jurisdiction over the person's conscience, compelling them to do or refrain from doing acts in the interest of right and justice. This method allowed equity to act where common law courts failed.
2. Equity Looks to the Intent Rather Than to Form
Equity disregards mere appearance or external form to discover the true purposes and consequences of a transaction. The substance of the transaction matters, not its technical form. This principle underlies relief against penalties and forfeitures.
3. Equity Regards That as Done Which Ought to Be Done
Where a duty rests upon an individual, equity presumes it has been fulfilled and treats the rights of parties accordingly. This maxim is the source of many equitable estates and doctrines, including the vendee's equitable interest in land under a contract of sale.
4. He Who Comes Into Equity Must Come With Clean Hands
Equity will close its doors to any party who has violated conscience, good faith, or equitable principles in reference to the same subject matter. The complainant's misconduct regarding the matter in litigation bars relief.
5. He Who Seeks Equity, Must Do Equity
The court grants relief only on condition that the complainant gives the defendant such corresponding rights as they may be entitled to regarding the subject matter. Equity protects the equitable rights of all parties connected with the litigation.
6. Equality is Equity
Equity enforces impartial distribution and contribution among parties with equal claims. This principle underlies pro rata distribution, marshalling of assets, and the settlement of insolvent estates. It treats all persons alike without distinction of rank or status.
7. Where There Are Equal Equities, The First in Order of Time Must Prevail
When two parties have equally good equitable rights with no other ground of preference, priority in time gives the better equity. This is a last resort—equity first seeks other grounds for distinguishing the claims.
8. Equity Imputes an Intention to Fulfil an Obligation
Where a duty rests upon an individual, equity presumes they intended to do right rather than wrong, to act conscientiously rather than in bad faith. This presumption can create equitable estates and interests in favor of those to whom the duty is owed.
9. Equity Aids the Diligent, Not Those Who Slumber on Their Rights
Vigilantibus Non Dormientibus Equitas Subvenit
Equity promotes diligence and discourages laches by barring stale demands. Delay coupled with acquiescence, especially where it causes prejudice, defeats equitable claims. The statute of limitations guides equity even where not directly applicable.
10. Equity Will Not Suffer a Wrong Without a Remedy
Where there is a civil right recognized by law but no adequate legal remedy exists, equity will provide relief. This applies when: (1) the right itself is not recognized at law; (2) the remedy cannot be administered at law; or (3) the legal remedy is inadequate, incomplete, or uncertain.
Secondary & Derivative Maxims
These maxims are closely connected to or derived from the principal maxims:
11. As Between Equal Equities The Law Will Prevail
Where two parties have equally good equitable rights and one possesses the legal title, equity will not interfere. The holder of the legal title prevails in both law and equity.
12. Equity Follows the Law
Note: Judge Tuley argues this maxim should be reversed—that "law follows equity." Its true meaning is limited: equity applies rules of law to legal estates by analogy, and applies similar rules to equitable estates where clear analogy exists. But equity often opposes or ignores law rather than following it.
Additional Maxims (From Francis)
These supporting maxims address specific applications:
13. Equity Relieves Against Accidents
Equity provides remedies for losses or disadvantages caused by unforeseen events or mistakes.
14. Equity Prevents a Mischief
Equity acts preventative through injunctions and other remedies to stop threatened wrongs before they occur.
15. Equity Prevents Multiplicity of Suits
Equity consolidates related claims and provides comprehensive relief to avoid repeated litigation over the same subject matter.
16. Equity Will Not Suffer a Double Satisfaction to Be Taken
A party cannot recover twice for the same wrong or obligation. Equity prevents unjust enrichment through duplicate recovery.
Maxims from Home (Lord Kames)
These maxims reflect natural law and reason:
17. A Thought Within the Mind Cannot Qualify or Create an Obligation
Undisclosed intentions have no legal effect. Obligations arise from external acts and expressions, not secret mental reservations.
18. Justice Will Not Permit a Man to Exercise His Right Where His Intention is Solely to Injure Another
Equity examines the motive behind the exercise of legal rights. Rights exercised purely out of malice or vindictiveness will not be enforced in equity.
19. No Man is Entitled to the Aid of a Court of Equity When That Aid Becomes Necessary by His Own Fault
A party whose own wrongdoing or negligence creates the need for equitable relief will be denied assistance.
20. No Man Ought to Be a Judge in His Own Cause
Equity requires impartial adjudication. The law of nature dictates that disputes should be resolved by neutral third parties, not by interested parties themselves.
The Moral Foundation
Judge Tuley emphasized that these maxims embody the highest standard of morality:
"The standard by which parties are tried here, either as trustees or as copartners, as in various relations which may be suggested, is a standard—I am thankful to say so—far higher than the standard of the world."
— Vice-Chancellor Wood, Blisset vs. Daniels, 10 Hare, 427
The maxims incorporate:
Christian principles of love, equality, and brotherhood
Roman law concepts of aequitas and bona fides
Natural law and the laws of reason
Principles from the lex mercatoria and maritime law
Equity presumes honesty, abhors fraud, and requires good faith in all transactions. It treats parties as equals regardless of rank or status, and aims to prevent injustice while promoting conscience and fairness.
"Equity in its true and genuine meaning, is the soul and spirit of all law; positive law is construed by it, and rational law is made by it."
— Blackstone, as quoted by Murray F. Tuley