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Questions tagged [equity]

Questions about the subset of the common-law legal tradition known as "equity," which has origins in the courts of Chancery: includes beneficial title and other equitable rights, injunctions, specific performance, estoppel, rescission, etc.

An overview of equity and equitable remedies: What are "equity" and "equitable remedies"?

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Is it legal to intentionally wait before filing a copyright lawsuit to maximize profits?

Let's say someone uses my intellectual property without my consent and uses it for commercial purposes. Can I wait until they've made many millions of dollars off of my work, so that I can sue and take a large portion of or all of that money? This…
Some Guy
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Is laches an applicable defense for a debt that was never contractually agreed upon in writing?

A tenant has a parking spot in their building for a period of 8 years and was never billed for it by the management. Management discovered their book keeping error and has turned around to retroactively bill them for the entire time. Is laches…
Parking Problems
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If a minor enters a contract without the other party knowing about the age, and then the minor breaks a term, is it fraud?

A minor who signs a contract can void it at any time, which might cause damage to the other party. Let's consider this scenario: A minor signs a contract with an adult online with neither party knowing each other's age. So the adult assumes that the…
No Name
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What are "equity" and "equitable remedies"?

What is equity and/or an equitable remedy? How does it relate to the common law?
Jen
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Is a mistakenly sent bank transfer a cause for unjust enrichment?

Bob meant to send a bank transfer to to his friend Boris Johnson, but instead sent it to Doris Johnson. Does he have a cause of unjust enrolment against the latter?
TylerDurden
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Can non-US citizens own equity in US companies?

Can a non-US citizen who has never been to the US own equity in a company that is only incorporated in the US?
user28256
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What happens to offset accounts when the lender becomes insolvent?

In Australia and the United Kingdom, it is common for home loans to come with an offset account. The balance of the account is “offset” against the loan when calculating interest, so the borrower saves more money than they would earn if the cash was…
sjy
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"Equity's darling": How do U.S. courts overcome bona fide purchasers?

This is a follow-up question to this question and this question; the accepted answers to each appear to conflict the concept of bona fide purchasers. According to a Wikipedia page on the topic: "A bona fide purchaser (BFP) – referred to more…
kisspuska
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What does equitable mean, especially in special education law?

I understand equitable as it's used in ordinary speech, but not in the legal sense, apparently. Here is some legal text I'm having trouble understanding: "In order to have a chance at reimbursement, a court must find: (1) that the student was…
aparente001
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What happened non-delegation of fiduciary duty?

I've read several phrases; they seem to have similar intent but translate somewhat differently: at common law, trustees had a fiduciary duty not to delegate tasks they can perform themselves. delegatus non potest delegare delegata potestas non…
Burt_Harris
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Are there any common law jurisdictions outside the United States which maintain separate Courts of Equity?

It is well know that some jurisdictions in the United States, most prominently Delaware, maintain separate equity courts (Courts of Chancery), as formerly existed in England prior to the Judicature Acts. Are there any non-US common law jurisdictions…
user38749
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Were two black men legally removed from a Philadelphia Starbucks?

Recently, two black men who were not patronizing a Starbucks - but waiting inside for a friend - were arrested for trespassing. Starbucks Philadelphia arrest: CEO apologizes to two black men arrested in a store after an employee call to police - The…
Anon
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What were practitioners of/at (?) Equity called when the courts were separate?

Back when Equity was separate from Law, were practitioners of Equity qualified to address the courts of chancery called “lawyers”? Or were they called “equiters” or some other different term? Given the split/dual legal progression in 21st century…
TylerDurden
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Is it possible to have more joint tenants in equity than the number of joint tenants in law?

Dealing specifically with England and Wales: Is it possible for there to be more joint tenants in equity for a specific property than the number of joint tenants in law? For example, if A, B, C contribute to the purchase of a property, is it…
Joshua Pearl
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What makes a shareholder a "shareholder of record"?

In public companies filling some reports with the SEC (10K for example), there is a mention of the number of shareholders of record. Example: "As of April 20, 2021, we had approximately 40 shareholders of record of our common stock." Source: DTST…
Richard Miller
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