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NeCede's

Maxim 1.4.6

Equity never counteracts the laws.

Aequitas nunquam contravenit leges.

Source: Black's, 2d. 45; Jackson 37; Weisman, 36o Difficulty 2/5 — Approachable

Explanation

No court of equity may overturn a clear legal rule — its power is to mitigate and supplement, never to contradict or repeal.

Where this applies

  • A court of equity tries to overturn a clear statute.
  • Someone argues equity should contradict the plain law.

Legal domains

See also

Cite this maxim

NeCede Max. 1.4.6 — Equity never counteracts the laws. — Black's, 2d. 45; Jackson 37; Weisman, 36o (Aequitas nunquam contravenit leges.)

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