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NeCede's

Maxim 1.4.2

Equity is, as it were, equality.

Aequitas est quasi aequalitas.

Source: Co. Litt. 24; Bouvier, Inst. 3725; 1 Story, Eq. Jur. s. 64 Difficulty 1/5 — Foundational

Explanation

The foundation of equity is equal treatment — it ensures that like cases are treated alike and that no party gains an unjust advantage through technicality.

Where this applies

  • One party has an unfair advantage over another due to a legal technicality.
  • A court tries to ensure both sides in a dispute are treated equally.

Topics

Equity

Legal domains

equityprocedural

See also

Cite this maxim

NeCede Max. 1.4.2 — Equity is, as it were, equality. — Co. Litt. 24; Bouvier, Inst. 3725; 1 Story, Eq. Jur. s. 64 (Aequitas est quasi aequalitas.)

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