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Equitable right information


An equitable right is a legal right guaranteed by equity as opposed to a legal right which derives authority from a legal source. An example of an equitable right could be seen in Land law, where mention is made of a beneficial interest i.e. vested interests in an estate which are protected by equity. In essence, a contributor to the purchase of a property, has an equitable right to that property albeit not being the registered proprietor.


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Equitable right

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An equitable right is a legal right guaranteed by equity as opposed to a legal right which derives authority from a legal source. An example of an equitable...

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Maxims of equity

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an equitable right that becomes a legal right only after the deal is completed. (For an English example, see Walsh v Lonsdale.) Due to his equitable interest...

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Foreclosure

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equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title...

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Equitable remedy

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right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable...

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Intellectual property

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confidentiality and trade secrets are regarded as an equitable right rather than a property right but penalties for theft are roughly the same as in the...

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Security interest

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speaking, an equitable mortgage has the same effect as a perfected legal mortgage except in two respects. Firstly, being an equitable right, it will be...

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Equitable interest

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holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". The equitable interest...

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Lien

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unperfected lien may not be. In the United States, references to an "equitable lien" is a right, enforceable only in equity, to have a demand satisfied out of...

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Shop right

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inventor. In these circumstances, a shop right may apply. The shop right is a common law doctrine founded in equitable principles that allows an employer to...

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Estoppel

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precluded from asserting a specific claim. Estoppel is traditionally an equitable doctrine. Accordingly, it is sometimes said that any person wishing to...

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Legal remedy

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planned and executed by the other party. Equitable rescission Equitable rescission gives the innocent plaintiff the right to undo or rescind a contract when...

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Mortgage law

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assignment of the mortgage, while others contend it only creates an equitable right. Bridge financing Collateralized mortgage obligation - CMO Conditional...

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Trade secret

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confidentiality and trade secrets are regarded as an equitable right rather than a property right. The Court of Appeal of England and Wales in the case...

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Equitability

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Equitability is a criterion for fair division. A division is called equitable if the subjective value of all partners is the same, i.e., each partner...

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Equitable recoupment

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Equitable recoupment is a judicially created doctrine mostly applied to cases in the federal tax system of the U.S. that can allow, under specific circumstances...

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Equitable conversion

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Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property...

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No taxation without representation

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of the rights of subjects and of men — The colonists will have an equitable right notwithstanding any such forfeiture of charter, to be represented in...

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Kennon v Spry

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Ms Spry's property rights were deemed by the court to include her equitable right to 'due administration of the Trust', accompanied by the fiduciary...

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Mortgage repossession

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for possession of a property, prior to exercising the mortgagor's equitable right of redemption. Usually a lender obtains a security interest from a...

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Kreglinger v New Patagonia Meat and Cold Storage Co Ltd

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consequently held void, and (iii) that the provision was repugnant to equitable right to redeem. Lord Cozens-Hardy MR, Buckley LJ and Kennedy LJ held that...

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Right to education

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obligation to develop equitable access to higher education in particular by the progressive introduction of free higher education. The right to education also...

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British South Africa Company v De Beers Consolidated Mines Ltd

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living here," when it finds an equitable right enforceable by a judgment in personam, give effect to that equitable right, and so indirectly affect the...

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Italian trust law

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manage this right for a beneficiary (to whom the full property will be transferred with the termination of the trust) who has the "equitable right". In civil...

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Subrogation

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benefit. A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy,...

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Latec Investments Ltd v Hotel Terrigal Pty Ltd

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had fraudulently sold the property to Southern, giving rise to an equitable right to rescind and set aside the sale of the property. The issue is about...

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