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Simple English definitions for legal terms
equitable
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A quick definition of equitable:
Equitable: Fair and impartial. In legal terms, it means being fair and just instead of just following the rules. In the past, there were different courts for equity and law, but now most courts handle both. Equitable relief is a type of remedy that is based on fairness, like making someone do what they promised instead of just paying money. Other legal terms related to equitable include equitable estoppel, equitable lien, equitable distribution, equitable ownership, and equitable subordination.
A more thorough explanation:
Equitable means fair or impartial. In legal context, it can relate to “equity” as opposed to “law”. This means that the outcome is based on fairness and justness rather than legal technicalities.
For example, a court of equity (as opposed to a court of law) can give equitable relief. This represents a remedy apart from money damages, for example, ordering the losing party to fulfil their contractual duties (see also, specific performance).
In simpler terms, equitable means that everyone is treated fairly and equally, without any bias or prejudice. It is like a level playing field where everyone has the same chance to succeed.
For instance, if two people are fighting over a piece of land, an equitable solution would be to divide the land equally between them, rather than giving it all to one person just because they have more money or power.
Overall, equitable is a term that emphasizes fairness and impartiality, and it is an important concept in law and society.