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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