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.
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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