Also known as: equity of the case · equities of cases · equitable considerations · balancing equities
Written by attorneys — see sources below.
Equitable considerations that a court may weigh to modify the strict application of a legal rule or to relieve a party from liability or obligation.
Eva Espinosa vacated her apartment two weeks after her lease ended but left behind furniture that delayed the landlord's preparations for an incoming tenant. The landlord sought special damages for the delay. The court considered that Eva had acted in good faith and faced unexpected moving delays beyond her control, so it relieved her of part of the damages under equitable considerations.
Eastern Electric fell behind on rent after a supply chain disruption reduced its revenue. The landlord demanded payment and sought to terminate the lease. The court weighed the temporary nature of the disruption and the tenant's history of timely payments, extending the time for payment under equitable considerations rather than allowing termination.
A court may relieve the tenant of some or all special damages if equitable considerations justify it, such as when the tenant could not reasonably have avoided the harm or acted without foreseeability of the consequences.
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The landlord may not terminate if equitable considerations justify extending the time for payment after a demand, even though rent remains unpaid.
Supporting sources