Also known as: epieikeia · epiekeia · epieikyia · equity
Written by attorneys · grounded in primary & secondary sources — see below
An equitable principle in Spanish law that calls for a benign and prudent interpretation of statutes according to the particular circumstances of time, place, and person involved.
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Emma Erickson signed a contract to buy land from Everest Holdings. Before closing a fire destroyed the main building. A court applying epiqueya interpreted the risk-of-loss rule leniently given the sudden destruction and the parties' recent dealings in that locale, relieving Erickson of full payment.
Elise Everly sued a federal agency in district court over a license suspension. The court invoked epiqueya to read Article III's equity language broadly in light of modern administrative realities, confirming jurisdiction over the civil controversy.
Ella Emerson's will tried to leave a house held in tenancy by the entirety to a third party after divorce proceedings began. The court used epiqueya to interpret the survivorship rule compassionately given the pending separation and local customs, allowing the devise to stand.
Edward Everett moved for a new trial after a nonjury verdict in a contract case. Applying epiqueya, the judge interpreted the equity rehearing standard generously because of newly discovered evidence unique to the parties' industry and location.
Esther Eisenberg and her spouse signed a family-law arbitration clause. The court applied epiqueya to construe the enforceability rule leniently given the couple's cultural background and the timing of their agreement, upholding it as valid.
Esme Ellington, a partner, faced a claim that a transaction harmed the partnership. The court invoked epiqueya to read the fairness defense broadly in light of the partners' longstanding local business practices, finding the transaction protected.
Epiqueya requires a court to adopt a benign and prudent reading that accounts for the specific circumstances of time, place, and persons involved rather than applying a rigid literal construction.
Supporting sources
The principle originates in Spanish law but reflects a broader equitable approach to statutory interpretation that courts in other systems sometimes employ when strict application would produce harsh results.
Supporting sources
Epiqueya focuses on flexible, circumstance-sensitive reading of statutes themselves, whereas equitable conversion operates as a substantive rule that treats a buyer as owner once a land contract forms.
Supporting sources
…second section of the third article of the Constitution gives this court appellate jurisdiction in all cases in law and equity arising under the Constitution and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions and under such regulations as Congress shall make.…