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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