Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties’ conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the ‘maxims of equity’ or ‘the equitable maxims’,The first equitable maxim is ‘equity delights in equality’ or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin.
The twelve equitable maxims are:
1. Equity will not suffer a wrong without a remedy.
2. Equity follows the law.
3. Where there is equal equity, the law shall prevail.
4. Where the equities are equal, the first in time shall prevail.
5. He who seeks equity must do equity.
6. He who comes into equity must come with clean hands.
7. Delay defeats equities.
8. Equality is equity.
9. Equity looks to the intent rather than the form.
10. Equity looks on that as done which ought to be done.
11. Equity imputes an intention to fulfil an obligation.
12. Equity acts in personam.
- What is done without consideration or reflection, upon better consideration we should revoke or undo.
- Time cannot render valid an act void in its origin.
- Written obligations are dissolved by writing, and obligations of naked assent by similar naked assent.
- No one is obliged to accept a benefit against his consent. But if he does not dissent he will be considered as assenting.
- Private contracts cannot derogate from the public law.
- A public right cannot be changed by private agreement.
- The agreement of the parties makes the law of the contract.
- The contract makes the law.
- Fictions arise from the law, and not law from fictions.
- The law would rather tolerate a private wrong than a public evil.
- Consent makes the law. A contract is a law between the parties, which can acquire force only by consent.
- A contract founded on a base and unlawful consideration, or against good morals, is null.
- The agreement of the parties overcomes or prevails against the law.
- A concealed fault is equal to a deceit.
- Once a fraud, always a fraud.
- It is a fraud to conceal a fraud.
- Great neglect is equivalent to fraud.
- Strong presumption avails in law.
- A privilege is, as it were, is a private law.
- When the Common Law and statute law concur, the Common Law is to be preferred.
- The execution of the law causes no injury.
- Human laws are born, live and die.
- It is contrary to the Law of nations to violate the rights of ambassadors.
- In the presence of the superior power, the minor power ceases.
here are ten essential maxims or precepts in commercial law.
- 1. WORKMAN IS WORTHY OF HIS HIRE. The first of these is expressed in Exodus 20:15; Lev. 19:13; Mat. 10:10; Luke 10″7; II Tim. 2:6. Legal maxim: “It is against equity for freemen not to have the free disposal of their own property.”
- 2. The second maxim is “Equality before the law” or more precisely, ALL ARE EQUAL UNDER THE LAW. (God’s Law – Moral and Natural Law). Exodus 21:23-25; Lev. 24: 17-21; Deut. 1;17, 19:21; Mat. 22:36-40; Luke 10:17; Col. 3:25. “No one is above the law”. This is founded on both Natural and Moral law and is binding on everyone. For someone to say , or acts as though, he is “above the law” is insane. This is the major insanity in the world today. Man continues to live, act, believe, and form systems, organizations, governments, laws and processes which presume to be able to supercede or abrogate Natural or Moral Law. But, under commercial law, Natural and Moral Law are binding on everyone, and no one can escape it. Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of the few.
- 3. This one is one of the most comforting maxims one could have, and your foundation for your peace-of-mind and your security and your capacity to win and triumph — to get your remedy — in this business. IN COMMERCE TRUTH IS SOVEREIGN. (Exodus 20:16; Ps. 117:2; John 8:32; II Cor. 13:8 ).Truth is sovereign — and the Sovereign tells only the truth. Your word is your bond. If truth were not sovereign in commerce, i.e., all human action and inter-relations, there would be no basis for anything. No basis for law and order, no basis no accountability, there would be no standards, no capacity to resolve anything. It would mean “anything goes”, “each man for himself”, and “nothing matters”. That’s worse than the law of the jungle. Commerce. “To lie is to go against the mind”. Oriental proverb: “Of all that is good, sublimity is supreme.”
- 4. TRUTH IS EXPRESSED IN THE FORM OF AN AFFIDAVIT. (Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13: Num. 30:2; Mat. 5:33; James 5: 12). An affidavit is your solemn expression of your truth. In commerce, an affidavit must be accompanied and must underlay and form the foundation for any commercial transaction whatsoever. There can be no valid commercial transaction without someone putting their neck on the line and stated, “this is true, correct, complete and not meant to mislead.” When you issue an affidavit, it is a two edged sword; it cuts both ways. Someone has to take responsibility for saying that it is a real situation. It can be called a true bill, as they say in the Grand Jury. When you issue an affidavit in commerce you get the power of an affidavit. You also incur the liability, because this has to be a situation where other people might be adversely affected by it. Things change by your affidavit, in which are going to affect people’s lives. If what you say in your affidavit is, in fact, not true, then those who are adversely affected can come back at you with justifiable recourse because you lied. You have told a lie as if it were the truth. People depend on your affidavit and then they have lost because you lied.
- 5. AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE. (12 Pet. 1:25; Heb. 6:13-15;) Claims made in your affidavit, if not rebutted, emerge as the truth of the matter. Legal Maxim: “He who does deny, admits.”
- 6. AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE. (Heb. 6:16-17;). There is nothing left to resolve. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as truth and matters to which the judgment of the law is applied.
- 7. IN COMMERCE FOR ANY MATTER TO BE RESOLVED MUST BE EXPRESSED. (Heb. 4:16; Phil. 4:6; Eph. 6:19-21). No one is a mind reader. You have to put your position out there, you have to state what the issue is, to have someone to talk about and resolve. Legal Maxim: “He who fails to assert his rights has none.)
- 8. The primary users of commercial law and those who best understand and codified it in Western Civilization are the Jews. This is Mosaic Law they have had for more than 3500 years past which is based upon Babylonian commerce. This one is: HE WHO LEAVES THE BATTLEFIELD FIRST LOSES BY DEFAULT. (Book of Job; Mat. 10:22; This means that an affidavit which is unrebutted point for point stands as “truth in commerce” because it hasn’t been rebutted and has left the battlefield. Governments allegedly exist to resolve disputes, conflicts and truth. Governments allegedly exist to be substitutes for the dueling field and the battlefield for so disputes, conflicts of affidavits of truth are resolved peaceably, reasonably instead of by violence. So people can take their disputes into court and have them all opened up and resolved, instead of going out and marching ten paces and turning to kill or injure. Legal Maxim: “He who does not repel a wrong when he can, occasions it”.
- 9. SACRIFICE IS THE MEASURE OF CREDIBILITY (NO WILLINGNESS TO SACRIFICE = NO LIABILITY, RESPONSIBILITY, AUTHORITY OR MEASURE OF CONVICTION). Nothing ventured nothing gained. A person must put himself on the line assume a position, take a stand, as regards the matter at hand. and One cannot realize the potential gain without also exposing himself to thew potential of loss. (One who is not damaged, put at risk, or willing to swear an oath on his commercial liability to claim authority) (Acts 7, life/death of Stephen). for the truth of his statements and legitimacy of his actions has no basis to assert claims or charges and forfeits all credibility and right Legal Maxim: “He who bears the burden ought also to derive the benefit”.
- 10. SATISFACTION OF A LIEN. In commerce a lien or claim can be satisfied in any one of three ways. (Gen. 2-3; Mat. 4; Revelation.).
- By someone rebutting your affidavit, with another affidavit of his own, point by point, until the matter is resolved as to whose is correct, in case of non-resolution.
- You convene a Sheriff’s common law jury, based on the Seventh Amendment, concerning a dispute involving a claim of more than $20. Or, you can use three disinterested parties to make judgment.
- The only other way to satisfy a lien is to pay it.
Legal Maxim: “if the plaintiff does not prove his case, the defendant is absolved”.
10. So, the tenth maxim of law is: A LIEN OR CLAIM CAN BE SATISFIED ONLY THROUGH REBUTTABLE BY AFFIDAVIT POINT BY POINT, RESOLUTION BY JURY, OR PAYMENT.
Commercial Law is non-judicial. This is pre-judicial (not prejudice). This is timeless. This is the base, the foundation beneath which any government or any of their court systems can possibly exist or function.
That means what the courts are doing, and what all governments are ultimately adjudicating and making rules about, are these basic rules of Commercial Law. When you go into court and place your hand on the Bible you say, “I swear the truth, the whole truth, and nothing but the truth . . .” you have just sworn a Commercial Affidavit.
It’s the conflict between Commercial Affidavits of Truth that gives the court something to talk about, that forms the entire basis of its action, and its being there , in their venue. Hence, one of the reasons attorneys always create controversy.
No court and no judge can overturn or disregard or abrogate somebody’s Affidavit of Truth. The only one who has any capacity or right or responsibility or knowledge to rebut your Affidavit of Truth is the one who is adversely affected by it. It’s his job, his right, his responsibility to speak for himself. To issue his own affidavit because no one can speak it for him. No one else can know what your truth is or has the free-will responsibility to state it. This is YOUR job.