Equity praeter legem is the application of fairness and justice in cases where the law is ambiguous or inadequate. It allows judges to exercise their own discretion to reach a decision that is equitable and just, when the law does not offer a clear solution. This concept is also known as praeter legem.
Equity praeter legem, pronounced pree-tuh-r lee-jum, is a legal concept that involves using equity to address gaps in the law. It allows judges to exercise their discretion and make decisions based on fairness and justice when there is no specific law applicable to a particular situation. For instance, if there is no law specifically addressing online harassment, a judge can utilise equity praeter legem to determine a resolution that they deem fair and just. Similarly, if someone is injured by a product not covered by any specific law, a judge can employ equity praeter legem to make a decision based on what they believe is fair and just. This legal principle is employed when there is no specific law applicable, enabling judges to use their discretion to ensure fairness and justice. The examples provided demonstrate how equity praeter legem can be utilised in situations lacking specific laws, allowing judges to make decisions based on their perception of fairness and justice.
Equity praeter legem is a legal principle that allows a court to deviate from strict application of the law in order to achieve a fair and just outcome.
A court can apply equity praeter legem when the strict application of the law would lead to an unjust or inequitable result.
A court considers various factors, such as the parties’ conduct, the equities of the case, the public interest, and the overall fairness of the situation.
Yes, equity praeter legem can override statutory law if the court determines that strict application of the law would lead to an unjust outcome.
Equity praeter legem is primarily applicable in civil cases, but there may be limited circumstances where it can be invoked in criminal cases as well.
Yes, a party can request the court to apply equity praeter legem if they believe that strict application of the law would result in an unfair or unjust outcome.
Equity praeter legem refers to the court’s ability to deviate from the law, while equity inter leges refers to the court’s ability to fill gaps in the law.
No, a court cannot apply equity praeter legem without any legal basis. There must be a recognized legal principle or precedent that justifies the court’s deviation from the law.
Yes, the application of equity praeter legem can be appealed if a party believes that the court’s decision was not based on a valid legal principle or if they believe the court’s decision was unfair.
Yes, there are limitations to the application of equity praeter legem. The court must exercise caution and ensure that its decision is based on sound legal reasoning and does not undermine the rule of law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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