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NeCede's

Maxim 1.4.19

All the powers, being derived from equity, are, even in a court of law, to be construed equitably.

Source: Wharton, III-14 Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Even in a court of law, powers derived from equity must be construed equitably — a party may invoke equitable principles to temper the rigid application of a legal power.

Where this applies

  • A statute grants a government agency broad enforcement powers, but the court construes those powers equitably to prevent the agency from using them to harass citizens rather than protect them.
  • A landlord invokes a strict legal remedy to evict a tenant one day late on rent, but the court applies equitable construction to prevent an unjust forfeiture.
  • A creditor seeks to enforce a legal power of seizure, but the court tempers the remedy with equitable principles to protect the debtor's essential property.

Legal domains

Cite this maxim

NeCede Max. 1.4.19 — All the powers, being derived from equity, are, even in a court of law, to be construed equitably. — Wharton, III-14

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