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NeCede's

Maxim 1.4.20

Courts of equity delight to do justice, and that not by halves.

Source: Wharton, III-58 Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Equity will not stop at half-measures — once a court of conscience undertakes a cause, it must fashion a remedy that fully resolves the matter rather than leaving parties in continuing dispute.

Where this applies

  • A court finds that a business partner defrauded his co-owner but only orders partial restitution, and the appellate court reverses because equity must provide a full remedy.
  • A judge determines a trustee mismanaged an estate but declines to remove the trustee, and the higher court holds that equity cannot stop at half-measures when the beneficiaries remain at risk.
  • A court recognizes that a buyer was deceived in a land sale but refuses to rescind the deed, and the appellate court rules that equity must fully resolve the wrong, not leave the victim with a partial remedy.

Legal domains

Cite this maxim

NeCede Max. 1.4.20 — Courts of equity delight to do justice, and that not by halves. — Wharton, III-58

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