Other Free Encyclopedias » Law Library - American Law and Legal Information » Free Legal Encyclopedia: Marque and Reprisal to Minister » Maxim - The Foundations Of Equity, "he Who Seeks Equity Must Do Equity.", "he Who Comes Into Equity Must Come With Clean Hands." - "Equity follows the law.", "Equity acts specifically.", "Equity regards substance rather than form."

Maxim - "he Who Seeks Equity Must Do Equity."

divorce agreement court refuse

This maxim is not a moral persuasion but an enforceable RULE OF LAW. It does not require every plaintiff to have an unblemished background in order to prevail, but the court will refuse to assist anyone whose CAUSE OF ACTION is founded on his or her own misconduct toward the other party. If, for example, a wealthy woman tricks her intended spouse into signing a prenuptial agreement giving him a token $500 should they DIVORCE and after marriage she engages in a consistent pattern of conduct leading to a divorce, a court could refuse to enforce the agreement. This maxim reflects one aspect of the principle known as the clean hands doctrine.

Maxim - "he Who Comes Into Equity Must Come With Clean Hands." [next] [back] Maxim - The Foundations Of Equity

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about 3 years ago

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