Maxim

• Author: Jeffrey Lehman, Shirelle Phelps

Page 466

A broad statement of principle, the truth and reasonableness of which are self-evident. A rule of EQUITY, the system of justice that complements the COMMON LAW.

Maxims were originally quoted in Latin, and many of the Latin phrases continue to be familiar to lawyers in the early 2000s. The maxims were not written down in an organized code or enacted by legislatures, but they have been handed down through generations of judges. As a result, the wording of a maxim may vary from case to case. For example, it is a general rule that equity does not aid a party at fault. This maxim has been variously expressed:

No one is entitled to the aid of a court of equity when that aid has become necessary through his or her own fault.

Equity does not relieve a person of the consequences of his or her own carelessness.

A court of equity will not assist a person in extricating himself or herself from the circumstances that he or she has created.

Equity will not grant relief from a self-created hardship.

The principles of equity and justice are universal in the common-law courts of the world. They are flexible principles aimed at achieving justice for both sides in each case. No maxim is ever absolute, but all of the principles must be weighed and fitted to the facts of an individual controversy. A rule does not apply when it would produce an unfair result. A party cannot insist that a strict technicality be enforced in his or her favor when it would create an injustice because equity will instead balance the interests of the different parties and the convenience of the public.

The Foundations of Equity

Two maxims form the primary foundations of equity: Equity will not suffer an injustice and equity acts in personam. The first of these explains the whole purpose of equity, and the second highlights the personal nature of equity. Equity looks at the circumstances of the individuals in each case and fashions a remedy that is directed at the person of the defendant who must act accordingly to provide the plaintiff with the specified relief. Unless a statute expands the powers of an equity court, it can make decrees that concern property only indirectly, phrasing them as decrees against persons. It is said that these are the oldest two maxims of equity. All others are consistent with them.

"He who seeks equity must do equity "

This maxim is not a moral persuasion but an enforceable RULE OF LAW. It does not require every plaintiff to have an unblemished background in order to prevail, but the court will refuse to assist anyone whose CAUSE OF ACTION is founded on his or her own misconduct toward the other party. If, for example, a wealthy woman tricks her intended spouse into signing a prenuptial agreement giving him a token $500 should they DIVORCE and after marriage she engages in a consistent pattern of conduct leading to a divorce, a court could refuse to enforce the agreement. This maxim reflects one aspect of the principle known as the clean hands doctrine.

"He who comes into equity must come with clean hands "

This maxim bars relief for anyone guilty of improper conduct in the matter at hand. It operates to prevent any...