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NeCede's

Maxim 1.4.8

In all things, but especially in law, equity is to be regarded.

In omnibus quidem, maxime tamen in jure, aequitas spectanda sit.

Source: Dig. 50.17.90; Story, Bailm. s. 257; Weisman, 36m Difficulty 1/5 — Foundational

Explanation

Every legal proceeding must be measured against equity — a technically correct result that works manifest injustice is not the law's purpose.

Where this applies

  • A technically correct legal result is manifestly unfair.
  • A court applies the letter of the law and ignores the spirit of fairness.

Legal domains

equityprocedural

See also

Cite this maxim

NeCede Max. 1.4.8 — In all things, but especially in law, equity is to be regarded. — Dig. 50.17.90; Story, Bailm. s. 257; Weisman, 36m (In omnibus quidem, maxime tamen in jure, aequitas spectanda sit.)

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