The term “equitable” is often used to describe the quality of fairness in a legal setting, where the outcome is considered to be in the best interest of all parties involved. In essence, it means that the judge has taken into consideration all facts of the case and has come up with a decision which is both fair and just toward everyone.
The concept of equity or what is ‘fair and just’ is important when it comes to resolving legal disputes. It usually takes into account the reasons behind why somebody is requesting compensation or relief from a court of law. In other words, a court must consider that the right outcome is reached when it’s considering what is ‘equitable’ and not just simply a standard application of the law.
Examples of Equitable Law
One example of this concept is seen in decisions related to property law. A court may find that it is equitable to divide up a piece of property between two siblings in a way that is not 50-50. This could be because one sibling has always lived on the property and taken care of the upkeep while the other has not, in which case an equitable outcome may be that the sibling residing on the property is given a larger portion.
Another example is when a court decides to award damages in a case that involves personal injuries. In such a situation, a court may decide it is equitable to award damages based on the plaintiff’s actual losses and how these losses could have been prevented. This means that a court could award a higher amount of damages than the plaintiff was requesting to cover costs that were not factored into their initial claim.
The concept of equity in the legal system is important because it ensures that justice is applied in a fair way. It is rooted in fairness and the idea that each individual should be given the opportunity to receive justice accordingly.
Conclusion
When determining what is equitable, courts must weigh the facts of the case to determine what outcome is in the best interests of all parties. Equitable decisions help ensure that industries and the public at large are held to a standard of fairness. In other words, equitable decisions seek to bring true justice in any given case.