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Ex aequo et bono (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art.In the context of arbitration, it refers to the power of arbitrators to dispense with application of the law, if appropriate, and decide solely on what they consider to be fair and equitable in the case at hand. [1]
Woodworth, 56 U.S. 546 (1854), the Supreme Court held that a patent-owner could sue in equity for an infringer’s profits, saying that the ill-gotten profits belonged “ex aequo et bono” to the owner of the patent. Later, recovery for either damages or profits was codified in statute.
It lies for money which, ex aequo et bono, the defendant ought to refund; it does not lie for money paid by the plaintiff, which is claimed of him as payable in point of honour and honesty, although it could not have been recovered from him by any course of law; as in payment of a debt barred by the Statute of Limitations, or contracted during ...
These sources are qualified by Article 59 which states that ICJ decisions are binding only to the parties in that case, and Article 38.2 which allows the court to decide a case ex aequo et bono if the parties agree thereto.
Usually used instead of naming a woman's husband as a party in a case. / ˌ ɛ t ˈ v ɜːr / ex aequo et bono: of equity and [the] good Usually defined as "what is right and good." Used to describe the power of a judge or arbiter to consider only what is fair and good for the specific case, and not necessarily what the law may require.
Five elderly African elephants at a Colorado zoo will stay there, after the state's highest court said the animals have no legal right to demand their release because they are not human. Tuesday's ...
A Nigerian man has been extradited to the US to face charges in the “sextortion” of a South Carolina teen who died by suicide in 2022. Prosecutors allege the scammer posed as a young woman ...
Somewhat misleading to present this case as exemplar for "ex aequo et bono", since though it was decided on the basis of "equitable criteria", § 59 reads: "The Chamber is however bound by its Statute, and required by the Parties, not to take a decision ex aequo et bono, but to achieve a result on the basis of law."