Also known as:principle of equity · equitable principles · equity principles
Written by attorneys · grounded in primary & secondary sources — see below
A set of judicial standards derived from equity jurisprudence that guide courts in granting relief when legal remedies prove inadequate or when fairness requires flexibility beyond strict legal rules. Courts apply these standards to prevent unjust enrichment, correct defective exercises of powers, trace commingled assets, and balance hardships in granting or withholding injunctive or specific relief.
Sources & Authorities· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Casebooks
Study Supplements
How it applies
Common Examples
6
Defective Power Exercise Upheld
Philip Powell, holding a power of appointment over trust assets, attempted to appoint to his niece Penelope Price in a document that omitted one formal signature required by the donor. The court applied equitable principles because the appointment substantially complied with the donor's manner and Penelope was a natural object of Philip's affection, rendering the appointment effective despite the formal defect.
Tracing Commingled Account Proceeds
Pioneer Energy held a security interest in equipment sold by the debtor. Sale proceeds were deposited into an account containing other funds. The secured party identified the proceeds through equitable tracing methods permitted for commingled property under non-UCC law, allowing the security interest to attach to the identifiable portion.
Injunction Denied After Four-Factor Test
Pulse Media obtained a patent verdict against Precision Tools but sought a permanent injunction. The court applied equitable principles and denied relief after finding no irreparable injury, adequate monetary remedies, and that the balance of hardships and public interest weighed against an injunction.
eBay Inc. v. MercExchange, L. L. C.547 U.S. 388 (2006)
Mortgage Moratorium Upheld
Home Building & Loan Association sought to foreclose on Perry Pratt's farm during the Depression. The court applied equitable principles to uphold a temporary statutory extension of the redemption period, protecting the mortgagor's interest while preserving the mortgagee's ultimate security.
Home Building & Loan Association v. Blaisdell290 U.S. 398, 54 S.Ct. 231, 78 L.Ed. 413 (1934)
Leasehold Equitable Relief Granted
Reste Realty Corp. leased space to Patrick Phan. After flooding rendered the premises unusable, the court applied equitable principles to excuse performance and award damages, treating the lease as constructively terminated despite strict contractual language.
Reste Realty Corp. v. Cooper251 A.2d 268 (N.J. 1969)
Nonmarital Property Division
Pearl Porter and Pablo Perez lived together for years without marriage. After separation, the court applied equitable principles to impose a constructive trust and divide accumulated assets based on their implied agreement and contributions, preventing unjust enrichment.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Common questions
Frequently Asked
5
When will a court apply equitable principles to validate a defective exercise of a power of appointment?+
A court will apply equitable principles when the appointment substantially complies with the donor's prescribed manner and the appointee is a natural object of the donee's affection, a creditor, a charity, or another person favored under equity.
How do equitable principles affect identification of commingled proceeds under UCC Article 9?+
Equitable tracing methods permitted under other law may be used to identify non-goods proceeds that have been commingled, allowing a security interest to continue in the traceable portion.
What four equitable factors must a plaintiff satisfy for a permanent injunction?
+
The plaintiff must show irreparable injury, inadequacy of legal remedies, that the balance of hardships favors equitable relief, and that the public interest would not be disserved.
Do equitable principles allow courts to modify contractual obligations during economic emergencies?+
Yes, courts may temporarily adjust mortgage redemption periods or similar obligations when equity supports protecting both mortgagors and mortgagees from widespread economic ruin.
Can equitable principles support property division between unmarried cohabitants?+
Yes, courts may impose constructive trusts or other equitable remedies based on implied agreements and contributions to prevent unjust enrichment when the relationship ends.
equitable principles
. On the other hand, to grant the injunction unless defendant pays plaintiffs such permanent damages as may be fixed by the court seems to do justice between the contending parties. All of…
to redeem on payment of principal, interest and costs, notwithstanding the forfeiture at law. This
principle of equity
was victorious against the strong opposition of the common law judges, who thought that by "the Growth of
Equity
on
Equity
the Heart of the Common Law is eaten out." The
equitable
principle
…
." § 34, 15 U. S. C. § 1116. Neither respondent nor the opinion of the Court of Appeals relies on this provision to support the holding below. Whatever the precise boundaries of the courts'…
TortsNegligence · Problems relating to causationUBEFoundational