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NeCede's

Maxim 1.4.3

Equity is the correction of the law where, by reason of its generality, it is deficient.

Aequitas est correctio legis generaliter latae, qua parte deficit.

Source: Plowden 375, 467; Jackson 34; Weisman, 36e Difficulty 1/5 — Foundational

Explanation

When a general rule produces an unjust result in a specific case, equity steps in to supply what the law omits — it does not destroy the rule but tempers its application.

Where this applies

  • A general rule produces a harsh result in a particular situation.
  • A law designed for typical cases creates injustice when applied to an unusual case.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 1.4.3 — Equity is the correction of the law where, by reason of its generality, it is deficient. — Plowden 375, 467; Jackson 34; Weisman, 36e (Aequitas est correctio legis generaliter latae, qua parte deficit.)

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