Also known as: unjust · inappropriate
Written by attorneys · grounded in primary & secondary sources — see below
A standard or condition that precludes a particular legal outcome, remedy, or action because it would be unfair or unsuitable under the circumstances.
Umar Usmani, a contractor, assigns an untrained worker to operate a crane with a known hydraulic leak. The worker loses control and damages nearby property. The court finds the assignment created an unreasonable risk because Usmani knew or should have known the instrumentality was inappropriate for the task.
Uma Underwood executes a will leaving her jointly held home to a friend while divorce proceedings are pending. She dies before the divorce is final. The court holds that the will cannot override the right of survivorship, and equity will not impose a constructive trust absent unjust enrichment.
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Ulric Unger, a lawyer, agrees to represent a neighborhood coalition challenging library closures for a nominal fee far below his standard rate. The coalition explains that full rates would force cuts to its literacy programs. Unger properly counts the matter as qualifying pro bono service because payment of standard fees would be otherwise inappropriate.
Ugo Uberti files a child-support petition in State A family court. The court determines it lacks jurisdiction under the uniform act and forwards the documents to the appropriate tribunal in State B while notifying Ugo of the transfer.
Unity Capital seeks an injunction to stop a neighboring factory from emitting pollutants that damage its property. The defendant argues that factual disputes require a jury trial. The court grants the injunction because the need for a jury does not render the remedy inappropriate.
Ulysses Maritime, a state-owned port authority, sells surplus cargo-handling services to private shippers. Federal regulators apply the Fair Labor Standards Act overtime rules to its employees. The court upholds the application because states are protected from inappropriate federal regulation through the political process rather than judicial limits.
A court makes that finding when the outcome would produce unfairness, such as when an instrumentality creates an unreasonable risk, when a will attempts to override survivorship rights without unjust enrichment, or when a tribunal lacks jurisdiction under a uniform act.
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It permits a lawyer to count reduced-fee work for qualifying organizations when full payment would significantly deplete the organization's resources or would otherwise be inappropriate given the client's mission and finances.
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No. The necessity or advisability of a jury trial on factual issues does not render an injunction inappropriate as a remedy for tort.
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…there was not sufficient notice of the suit, or that the suit was so unrelated to those activities as to make the agent an inappropriate vehicle for communicating the notice. It is enough that appellant has established such contacts with the state that the particular form of substituted service adopted there gives reasonable…