Legal Definitions - de aequitate

de aequitate

This Latin term translates to "in equity" or "according to equity." In legal contexts, "equity" refers to a system of law developed to provide fair and just remedies when strict adherence to common law rules would lead to an unjust outcome. Therefore, when something is considered de aequitate, it means it is judged or decided based on principles of fairness, justice, and conscience, rather than solely on rigid legal technicalities or precedents.

Here are some examples illustrating the application of de aequitate:

• Example 1: Contractual Dispute with Minor Breach

  A small business owner contracts to deliver custom-made furniture by a specific date. Due to an unforeseen, minor delay in material shipment from a third-party supplier, the furniture is delivered one day late. The buyer suffers no actual harm from this slight delay, as they were not planning to use the furniture immediately. Strictly enforcing the "time is of the essence" clause in the contract might allow the buyer to cancel the entire order and demand a full refund, which would be financially devastating for the small business. A court, acting de aequitate, might decide that such a harsh outcome is unjust given the minor nature of the breach and the lack of actual harm. Instead, the court might order the buyer to accept the furniture, perhaps with a small discount, finding a remedy that is fair to both parties.

  Explanation: This illustrates how a court might look beyond the strict letter of a contract to achieve a fair and equitable outcome, preventing disproportionate punishment for a minor technical breach.

• Example 2: Property Encroachment

  A homeowner mistakenly builds a shed two feet onto their neighbor's undeveloped property, believing it was within their own boundary. The neighbor discovers this error several years later when preparing to sell their land. Strictly applying property law might require the homeowner to tear down the shed, incurring significant expense and disruption, even though the encroachment is minor and does not substantially impede the neighbor's use or sale of their property. A court considering the matter de aequitate might decide that forcing the removal of the shed would be unduly burdensome. Instead, it might order the homeowner to pay the neighbor for the small strip of land, or grant an easement, balancing the property rights with the practical realities and hardships of both parties.

  Explanation: This demonstrates how equitable principles can be used to prevent undue hardship and find a balanced, fair solution in property disputes, rather than strictly enforcing boundary lines without regard for the practical consequences.

• Example 3: Interpretation of a Will or Trust

  A will establishes a trust fund for a grandchild's "university education." The grandchild, however, excels in a specific trade and wishes to pursue an intensive, accredited vocational training program that is equally expensive and career-focused as a university degree. The trustee, adhering strictly to the wording, might refuse to release funds for vocational training. A court, acting de aequitate, might interpret the term "university education" broadly to encompass high-quality vocational training, recognizing that the testator's underlying intent was to provide for the grandchild's future career development and education, even if the specific language used was narrower. The court would prioritize the spirit of the will over its literal interpretation to achieve a just outcome for the beneficiary.

  Explanation: This shows how courts use equitable principles to interpret legal documents like wills or trusts in a way that aligns with the original intent and achieves a just outcome for beneficiaries, even if the literal wording might seem restrictive.