Also known as: equity · in equity
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase referring to proceedings or remedies administered according to principles of fairness and good conscience rather than the strict rules of common law.
Select any source to read its text and confirm it supports the definition.
Diana Delgado signed a binding contract to purchase land from Delta Dynamics. Before closing a fire destroyed the main building. Equity treats Diana as the owner from contract formation so she must pay the full purchase price despite the loss.
Darius Dixon sued a state official in federal court alleging a constitutional violation. The court exercised its authority to grant equitable relief because Article III extends judicial power to cases in equity arising under the Constitution.
Demetrius Douglas executed a will attempting to leave his jointly held house to a third party while divorce proceedings were pending. Equity refuses to impose a constructive trust because the tenancy by the entirety remained intact at death and title passes by operation of law to the surviving spouse.
Deborah Dunn lost a nonjury trial and moved for a new trial. The court may grant relief for any reason that would have supported a rehearing in a suit in equity under the applicable federal rule.
Derek Douglas and Duffy Construction signed a written agreement to arbitrate a family law dispute. The agreement remains valid and irrevocable except on grounds that exist at law or in equity for revocation of any contract.
Daniel Diaz as a partner entered a transaction with Desert Oil on behalf of the partnership. In defending a claim that the deal violated his duty the partner shows the transaction was fair to the partnership.
It identifies remedies or claims administered according to equitable principles of fairness and conscience rather than strict common-law rules.
Supporting sources
Once a binding land-sale contract forms equity regards the buyer as owner of the land and the seller as owner of the purchase money so risk of loss passes to the buyer at contract formation in many jurisdictions.
A court weighs comparative factors including the adequacy of damages the likelihood of future harm and the balance of hardships rather than granting an injunction automatically upon proof of a tort.
…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.…