Section 10 Maxims of Equity

• Library: Remedies 2006

Those “fixed and certain” principles used by courts exercising equitable jurisdiction are often referred to as “maxims” of equity because they are not exact enough to be properly called rules, George L. Clark, Equity-Missouri Edition § 7 (1920), but are the beginning principles “out of which has been developed the entire system of truth known as equity jurisprudence.” 2 John Norton Pomeroy, Equity Jurisprudence § 360 (5^th ed. 1941).

They are not the practical and final doctrines or rules which determine...