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 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.
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.
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.
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224 N 1st St, Michigan, 48116-1205
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University of Detroit Mercy School of Law
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Wayne State University School of Law
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