equitable doctrine
81Undue influence — (as a term in jurisprudence) is an equitable doctrine that involves one person taking advantage of a position of power over another person. It is where free will to bargain is not possible.Undue influence in contract lawIf undue influence is… …
82Ethical implications in contracts — When creating a contract, a negotiator is not only doing so to reach an agreement between two or more parties, but to create an agreement that is durable; whereby parties of the contract are legally bound and committed to its promises (Wade and… …
83English property law — Property law in the United Kingdom refers to the law of acquisition, sharing and protection of wealth in the United Kingdom. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property …
84substantive consolidation — USA The combining of the bankruptcy estates of two or more related debtors into a single estate for the purpose of paying the claims belonging to creditors of both debtors. Substantive consolidation is an equitable doctrine which allows the court …
85cy pres — 1 /ˌsē prā/ n [Anglo French, as near (as possible)]: a rule in the law of trusts and estates that provides for the interpretation of instruments as nearly as possible in conformity with the intention of the testator when literal construction is… …
86cypres — n. French As near as. The equitable doctrine that a deed or will whose terms cannot be carried out may be modified by a court so that the intent of the instrument s maker can be fulfilled as closely as possible. Webster s New World Law Dictionary …
87marshaling — also marshalling n: an equitable doctrine requiring that if one creditor can obtain satisfaction of a claim from only one fund and a second creditor can obtain satisfaction from more than one fund the second creditor must claim against the fund… …
88unfair competition — A term which may be applied generally to all dishonest or fraudulent rivalry in trade and commerce, but is particularly applied to the practice of endeavoring to substitute one s own goods or products in the markets for those of another, having… …
89melioration — The equitable doctrine which recognizes the right of compensation for improvements made by an occupying claimant. 27 Am J1st Improv § 26. A betterment; a permanent improvement made upon land. It is a maxim suggested by nature, that reparations… …
90balancing the equities — Doctrine commonly invoked in cases involving, for example, encroachment of building on another s land in which court will deny equitable relief to offended party in favor of money damages if the encroachment was made innocently and by mistake… …
