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Ex Aequo Et Bono

Latin: in justice and fairness.

Latin for "in justice and fairness."

Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just.

Most legal cases are decided on the strict rule of law.

For example, a contract will be normally upheld and enforced by the legal system no matter how "unfair" it may prove to be.

But a case to be decided ex aequo et bono, overrides the strict rule of law and requires instead a decision based on what is fair and just given the circumstances.

Compare with equity.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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