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Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. [2][3] It is sometimes stated simply as "no one is above the law". [4] The term rule of law is closely related to constitutionalism as well as Rechtsstaat.
Doctrine of inherency. Doctrine of international exhaustion. Doctrine of laches. Doctrine of merger. Doctrine of necessity. Doctrine of non-derogation from grants. Doctrine of privity. Doctrine of repair and reconstruction. Doctrine of res judicata.
Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are: injunction [5][6] specific performance. account of profits.
t. e. Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who ...
Carter was the Governor of Fort Marlborough (now Bengkulu, Sumatra), built by the British East India Company. Carter took out an insurance policy with Boehm against the fort being taken by a foreign enemy. A witness, Captain Tryon, testified that Carter was aware that the fort was built to resist attacks from natives but would be unable to ...
A cartoon in Hugo Gernsback 's Electrical Experimenter lampooning proposed regulations to make radio a monopoly of the US Navy. " Everything which is not forbidden is allowed " is a legal maxim. It is the concept that any action can be taken unless there is a law against it. [1][2] It is also known in some situations as the " general power of ...
Natural law[ 1 ] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [ 2 ]