What Is Equitable?

Equitable refers to fairness or justice in the way people are treated within the legal system. In legal contexts, it often pertains to the principles and remedies applied by courts of equity, as opposed to courts of law, focusing on fairness and justice to achieve a balanced outcome.

Equitable Explained

Equitable principles guide decisions in cases where traditional legal remedies, such as monetary damages, are inadequate.

Equity courts can provide remedies such as injunctions (orders to do or stop doing something), specific performance (requiring a party to perform their contractual obligations), and rescissions (cancellation of contracts).

The application of equitable principles is discretionary, based on the judge’s assessment of fairness in the specific circumstances of each case.

The Term Equitable in Different Legal Contexts

Family Law: Equitable considerations can determine the fair distribution of assets and liabilities in divorce proceedings.

Contract Law: Equitable remedies like specific performance may be ordered when monetary damages are insufficient to remedy a breach of contract.

Common Misconceptions About the Meaning of Equitable

Many believe that "equitable" means equal, but in legal contexts, it emphasizes fairness over equality.Equitable remedies are not always equally distributed but are tailored to achieve fairness based on the unique facts of each case. For instance, equitable distribution in divorce does not always mean a 50/50 split of assets but rather a division that is fair considering the circumstances of the parties involved.

Share

Recommendations

Drew Davis Van De Grift

Contracts and Agreements Lawyer Serving at Birmingham - Michigan

1895 Bradford Rd, Michigan, 48009-7253
  • Thomas M. Cooley
  • Contracts and Agreements, Freedom of Information Act, Government Contracts, Employment and Labor, State, Local And Municipal Law, Government and Tax
  • Birmingham, Michigan Contracts and Agreements Lawyer

0 reviews

Lawyer Serving at Birmingham - Michigan

1895 Bradford Rd, Michigan, 48009-7253

Paul J. Carrier

Contracts and Agreements Lawyer Serving at Brighton - Michigan

224 N 1st St, Michigan, 48116-1205
  • Contracts and Agreements and International Law
  • Brighton, Michigan Contracts and Agreements Lawyer

0 reviews

Lawyer Serving at Brighton - Michigan

224 N 1st St, Michigan, 48116-1205

Mustapha Nabil Hawily

Business Lawyer Serving at Dearborn - Michigan

23756 Michigan Ave Ste 300, Michigan, 48124-1853
  • University of Detroit Mercy School of Law
  • Business, Criminal Defense, Family, Immigration and Personal Injury
  • Dearborn, Michigan Business Lawyer

0 reviews

Lawyer Serving at Dearborn - Michigan

23756 Michigan Ave Ste 300, Michigan, 48124-1853

Christopher J. Johnson

Civil Rights Lawyer Serving at Ann Arbor - Michigan

1675 Green Rd, Michigan, 48105-2530
  • Michigan State University College of Law
  • Civil Rights, Freedom of Information Act, Government Contracts, Insurance, State, Local And Municipal Law, Government and Police Misconduct
  • Ann Arbor, Michigan Civil Rights Lawyer

0 reviews

Lawyer Serving at Ann Arbor - Michigan

1675 Green Rd, Michigan, 48105-2530

Jessamyne Marie Kalabat

Commercial Lawyer Serving at Farmington Hills - Michigan

31440 Northwestern Hwy Ste 145, Michigan, 48334-5420
  • University of Detroit Mercy School of Law
  • Commercial, Contracts and Agreements, Environmental and Natural Resources, Litigation, Probate and Real Estate
  • Farmington Hills, Michigan Commercial Lawyer

0 reviews

Lawyer Serving at Farmington Hills - Michigan

31440 Northwestern Hwy Ste 145, Michigan, 48334-5420

Sean Christopher Etheridge

Business Lawyer Serving at Ann Arbor - Michigan

789 N Dixboro Rd, Michigan, 48105-9723
  • Business, Commercial, Contracts and Agreements, Health Care, Licensing and Securities Offerings
  • Ann Arbor, Michigan Business Lawyer

0 reviews

Lawyer Serving at Ann Arbor - Michigan

789 N Dixboro Rd, Michigan, 48105-9723

Lynda D. McGhee

Juvenile Lawyer Serving at Hamtramck - Michigan

2933 Caniff St Unit 12250, Michigan, 48212-4712
  • Juvenile and Probate
  • Hamtramck, Michigan Juvenile Lawyer

0 reviews

Lawyer Serving at Hamtramck - Michigan

2933 Caniff St Unit 12250, Michigan, 48212-4712

Damir Junicic

Workers Compensation Law Lawyer Serving at Los Angeles - California

Law Office of Damir Junicic, 10880 Wilshire Blvd Ste 1101, California, 90024-4112
  • Workers Compensation Law
  • Los Angeles, California Workers Compensation Law Lawyer
Free Consultation +13107535155

0 reviews

Lawyer Serving at Los Angeles - California

Law Office of Damir Junicic, 10880 Wilshire Blvd Ste 1101, California, 90024-4112
Free Consultation +13107535155

Nicholas Joseph Schroeck

Environmental and Natural Resources Lawyer Serving at Detroit - Michigan

651 E Jefferson Ave, Michigan, 48226-4349
  • Wayne State University School of Law
  • Environmental and Natural Resources
  • Detroit, Michigan Environmental and Natural Resources Lawyer

0 reviews

Lawyer Serving at Detroit - Michigan

651 E Jefferson Ave, Michigan, 48226-4349

David S. Nows

Business Lawyer Serving at Mount Pleasant - Michigan

164 Grawn Hall, Michigan, 48859-0001
  • University of Pennsylvania Law School
  • Business, Contracts and Agreements, Immigration, Mergers and Acquisitions, Divestitures, Public Finance and Tax Exempt Finance, Securities Offerings, Sports and Tax
  • Mount Pleasant, Michigan Business Lawyer

0 reviews

Lawyer Serving at Mount Pleasant - Michigan

164 Grawn Hall, Michigan, 48859-0001