Known as an ETC. A type of debt instrument very similar to mortgaging or a leasing. According to the specifications of the agreement, an ETC owner/investor uses a particular asset, […]
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EQUITABLE
Just; conformable to the principles of natural justice and right.Just, fair, and right, in consideration of the facts and circumstances of the individualcase.Existing in equity; available or sustainable only in […]
EQUITABLE ACTION
A resolution or remedy (court action / an arrest) to an issue or claim (threatened illegal action) not completely satisfactory to one (the criminal), more (the courts), or all (those […]
EQUITABLE ASSETS
Equitable assets are all assets which are chargeable with the payment of debts or legacies in equity, and which do not fall under the description of legal assets . 1 […]
EQUITABLE ASSIGNMENT
A result that falls short of meeting the requirements of a legal assignment, yet, in the interest of fairness and justice, will be enforced by the courts, and documented as […]
EQUITABLE CHARGE
In case of non-payment a creditor retains the right to judicial process to recover the amount loaned. Asset ownership or possession does not necessarily go to the creditor.
EQUITABLE CHOSE IN ACTION
a personal right that is recognised by a court of equity .
EQUITABLE CONSTRUCTION
A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affaire involved than to the strict application of […]
EQUITABLE CONSTRUCTION
This applies to the interpretation of a statute by narrowing or making larger the letter of the law .
EQUITABLE CONTROL
A theoretical concept where managers obtain or receive power from diffuse shareholders and act in the best interests of the firm.
EQUITABLE CONVERSION
This phrase applies to the alteration of property to become real estate and for real estate to become property.
EQUITABLE DEFENSE
In English practice, a defense to an action on grounds which, priorto tlie passage of the common-law procedure act. (17 & 18 Vict c. 125,) would havebeen cognizable only in […]
EQUITABLE EASEMENT
When subdividing a large piece of land into adjacent pieces, an implied right-of-way to all pieces exists.
EQUITABLE EASEMENTS
The special easements created by derivation of ownership ofadjacent proprietors from a common source, with specific intentions as to buildings forcertain purposes, or with implied privileges in regard to certain […]
EQUITABLE EJECTMENT
A proceeding in use in Pennsylvania, brought to enforcespecific performance of a contract for the sale of land, and for some other purposes,which is in form an action of ejectment, […]
EQUITABLE ELECTION
The choice to be made by a person who may.under a will or other instrument . have either one of two alternative rights or benefits,but not both. Peters v. Bain, […]
EQUITABLE ESTOPPEL
Legal constraint preventing the first party from gaining advantage over the second party if the second party claims injury due to reliance on misrepresentations by the first party.
EQUITABLE EXECUTION
Judicial action driving fair, legal relief. An example is appointing of a receiver or issuing an injunction .
EQUITABLE FRAUD
Taking unfair, illegal advantage of disability, ignorance, or weakness.
EQUITABLE GARNISHMENT
the action taken by the creditor where he will take possession of property owned by the debtor to satisfy the agreement.
EQUITABLE INTEREST
A real right, but not a legal right , in a property. Examples are a life tenant , or the beneficiary of a trust. Known also as equitable estate.
EQUITABLE LEASE
Not a legal lease , yet, in the interest of fairness and justice, enforced as valid by the courts.
EQUITABLE LIEN
Court-enforced claim on goods or property, even if the lien-owner does not have possession of the goods or property. An example is a vendor’s lien , enforceable on all buyers […]
EQUITABLE MORTGAGE
A mortgage secured by the lender taking possession of all original-title documents of the property serving as security for the mortgage. In case of non-payment, the lender now has the […]
EQUITABLE PLEA
a defence in a law suit that is based on equity matters. It is the same as an equitable defence.