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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