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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]
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. In courts, usually only done if all parties agree. ex ante: of before
Et uxor; Et vir; Ex aequo et bono; Ex contractu; Ex delicto; Ex demissione; Ex facie; Ex fida bona; Ex gratia; Ex nunc; Ex parte; Ex post facto; Ex post facto law; Ex rel. Ex tempore decision; Ex tunc; Exequatur
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.
Such out-of-constrained confines (ex aequo et bono) jurisdiction has been heavily limited or ruled out by most treaty contracting parties as to their substantive obligations. Rather than use the term non-justiciable , the forum may flag up that it would like the clarity to decide on such matters in future by stating it is non liquet .
[1] [full citation needed] It emphasized contractual freedom and inalienability of property, while shunning legal technicalities [clarification needed] and deciding cases ex aequo et bono. [ citation needed ] With lex mercatoria professional merchants revitalized the almost nonexistent commercial activities in Europe, which had plummeted after ...
If the parties agree, they may also grant the court the liberty to decide ex aequo et bono ("out of equality, and for the good"), [70] granting the ICJ the freedom to make an equitable decision based on what is fair under the circumstances. That provision has not been used in the court's history.
Exempli gratiā is usually abbreviated "e. g." or "e.g." (less commonly, ex. gr.).The abbreviation "e.g." is often interpreted (Anglicised) as 'example given'. The plural exemplōrum gratiā to refer to multiple examples (separated by commas) is now not in frequent use; when used, it may be seen abbreviated as "ee.g." or even "ee.gg.", corresponding to the practice of doubling plurals in Latin ...