Also known as: equities · equitable · equitably · chancery
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Fairness and impartiality in dealings or the administration of justice. This sense emphasizes evenhanded treatment without regard to rigid formal rules.
Fairness and impartiality in dealings or the administration of justice. This sense emphasizes evenhanded treatment without regard to rigid formal rules.
A body of principles and remedies administered by courts of equity that supplements the common law by providing discretionary relief such as specific performance and injunctions when legal remedies prove inadequate. Courts apply equitable doctrines including conversion, deviation, and balancing of hardships to achieve just outcomes.
Eduardo Enriquez signed a binding contract to purchase land from Emerald Enterprises. Before closing a fire destroyed the main building. Under equitable conversion Eduardo bears the risk and must pay the full purchase price despite the loss.
Enzo Eastwood sued a state agency in federal court seeking both damages and injunctive relief for a constitutional violation. The court exercised jurisdiction over the equity claims under Article III because the controversy arose under federal law.
A body of principles and remedies administered by courts of equity that supplements the common law by providing discretionary relief such as specific performance and injunctions when legal remedies prove inadequate. Courts apply equitable doctrines including conversion, deviation, and balancing of hardships to achieve just outcomes.
Each sense below has its own examples, sources, and questions.
Ezra Eastman agreed to modify a supply contract with Eastern Electric after unforeseen cost increases made performance far more expensive. The modification binds the parties because it is fair and equitable given the unanticipated circumstances.
Erika Echevarria leased residential property from Evergreen Bank. After the landlord failed to maintain habitable conditions Erika elected to affirm the lease and sought equitable relief including rent abatement and damages.
Edgar Evers operated a factory whose runoff polluted a stream on Eugene Ellsworth's neighboring land. The court weighed the relative hardship to each party and denied an injunction because the economic impact on the factory outweighed the harm to the plaintiff.
A settlor created a trust leaving an outright remainder to a disabled beneficiary. After unforeseen medical needs arose the court authorized conversion of the remainder into a special needs trust to preserve assets and fulfill the settlor's intent.
A court grants equitable relief when monetary damages would be inadequate to compensate the injured party. This occurs in cases involving unique property, ongoing harm, or when specific performance is needed to fulfill a contract.
Once a binding contract for the sale of land is formed equity treats the buyer as owner of the land. In most jurisdictions the risk of loss passes to the buyer at contract formation so the buyer must still pay even if the property is destroyed before closing.
A court weighs the relative hardship to the defendant if an injunction is granted against the hardship to the plaintiff if it is denied. This balancing is one factor in deciding whether injunctive relief against a tort is appropriate.
A court may modify administrative or dispositive provisions of a trust when circumstances not anticipated by the settlor make modification necessary to further the trust's purposes. The modification must align with the settlor's probable intent.
…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.…