Maxim 1.4.10
Equity acts upon the person.
Aequitas agit in personam.
Source: Bouvier, Inst. n. 3733; Weisman, 36c; Weisman, 36n
Difficulty 2/5 — Approachable
Explanation
Equity directs its decrees to the person of the defendant, commanding or forbidding specific acts — this is its distinctive power over courts of law, which act only on property and money.
Where this applies
- A court orders someone specifically to perform a contract rather than just pay damages.
- An equity court commands a person to stop doing something harmful.
See also
Cite this maxim
NeCede Max. 1.4.10 — Equity acts upon the person. — Bouvier, Inst. n. 3733; Weisman, 36c; Weisman, 36n (Aequitas agit in personam.)
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