Also known as: fairly · fairness · fair trial · fair hearing · fair use
Written by attorneys · grounded in primary & secondary sources — see below
A standard of impartiality and equity applied to legal procedures, transactions, and conduct. It requires that parties receive balanced treatment and that relevant information or considerations not be omitted in a manner that distorts outcomes.
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During trial, Fiona Foster introduced only the portions of Floyd Franklin's deposition that supported her contract claim. Franklin's counsel immediately requested that the remaining pages describing the parties' course of dealing also be read to the jury. The court granted the request, ensuring the record reflected the full context of the testimony.
Judge Francesca Fiore commented publicly on a pending criminal case, stating that the evidence appeared overwhelming. Defense counsel moved to disqualify her, arguing the statements could influence the jury pool and undermine impartial adjudication. The motion succeeded because the remarks risked affecting the proceeding's outcome.
Attorney Faye Fuller proposed purchasing a client's undeveloped land for development. She sent a detailed letter setting out the purchase price, financing terms, and her dual role, then gave the client two weeks to consult separate counsel. The client signed a written consent after independent review, satisfying the fairness requirement for the transaction.
Real-estate agent Felicia Fuentes listed her principal's commercial building while simultaneously negotiating to buy it for her own LLC. She disclosed the conflict and all known valuation data to the principal before closing. The principal approved the sale after reviewing the information, satisfying the agent's duty of fair dealing.
Fusion Power and Falcon Dynamics agreed to increase the contract price after unforeseen steel tariffs raised costs. The parties documented the change with new pricing that reflected only the tariff impact and preserved the original profit margin. A court later upheld the modification as fair and equitable under the unanticipated circumstances.
A foreign manufacturer sold components to a U.S. assembler knowing some products might reach the forum state. When an indemnity suit arose, the manufacturer moved to dismiss for lack of personal jurisdiction. The court granted the motion, finding that mere awareness of possible forum contacts did not satisfy the requirements of fair play and substantial justice.
An adverse party may require introduction of other deposition parts that fairness requires be considered together with the portions already offered. Any party may also introduce additional parts on its own initiative. This rule prevents selective presentation that distorts the record.
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A judge may not make public statements reasonably expected to affect the outcome or impair the fairness of a pending or impending matter. Nonpublic statements that substantially interfere with a fair trial are likewise prohibited. The rule protects the integrity of judicial proceedings.
…178 So. 438 (1938); Johnson Publishing Co. v. Davis, 271 Ala. 474, 494-495, 124 So. 2d 441, 457-458 (1960). His privilege of "fair comment" for expressions of opinion depends on the truth of the facts upon which the comment is based. Parsons v. Age-Herald Publishing Co., 181 Ala. 439, 450, 61 So. 345, 350 (1913).…
…Dissenting — Chief Justice Roberts Petitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the…
…Amendment’s guarantee . . . [is] designed to bar Government from forcing some people alone to bear public burdens which, in all fairness
…belief that a particular state law under scrutiny has no "rational or justifying" purpose, or is offensive to a "sense of fairness and justice."[^maj-14] If these formulas based on "natural justice," or others which mean the same thing,[^maj-15] are to prevail, they require judges to determine what is or is not…
…We have before indicated in reference to notice by publication that, "Great caution should be used not to let fiction deny the fair
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The transaction terms must be fair and reasonable to the client. Full written disclosure is required in language the client can understand. The client must also receive written advice about seeking independent counsel and must give informed written consent.
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The agent must deal fairly with the principal and disclose all facts the agent knows or should know would reasonably affect the principal's judgment. This obligation continues unless the principal has manifested knowledge of the facts or indifference to them.
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A modification is binding if it is fair and equitable in light of circumstances not anticipated when the contract was formed. The rule applies only to contracts not fully performed on either side.
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