n. a general contract law presumption that people act in good faith and act fairly without breaking their word by using varying means to avoid or deny obligations, which the other party obviously understood. A claim (or one of the causes of action) based on the breach of this Agreement is often filed if the other party has made a technical apology for the breach or has used the specific terms of the Agreement to deny performance if the circumstances accompanying it or the apparent understanding of the parties preclude it. Example: An employer fires a long-tenured employee for no reason and says they can fire on a whim because the employment contract states that the job is “at will.” However, the employee was encouraged to join the company due to pension plans and other behaviours that led him to believe that the position constituted ongoing misconduct or financial downturn. There could therefore be a breach of the implied agreement, since the circumstances involved on-the-job employment. n. the anti-competitive right to use copyrighted material without granting the author the right to compensation or action for copyright infringement. With the increasing use of photocopiers, teachers and businesses are copying articles, pages of text, diagrams and excerpts to teach or advise staff or assist with research without infringing copyright. For example, Professor Elmer Smedley makes 100 copies of a photo of starving Somalis by Time Magazine to illustrate to his students the hardships in Africa (which is fair use), but then Smedley publishes a book Africa on the Brink and uses the photo in a chapter on hunger (not fair dealing) and is liable to the photographer for a royalty.

It often happens that just is associated with another adjective. I suggest that if fair works in the examples above, you can safely eliminate its companion. In particular, I suggest that just in this context is a subset of reasonable. In contracts entered into under the SEC`s EDGAR system, the word equitable most often appears in the term fair market value and its variations. But you also see fair used in the context of processes with competing interests: I have already thought of reason and good faith. (See MSCD 13,557 and this 2011 post.) Now is the time to think about fairness. “Fair dealing”. Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/fair%20dealing. Retrieved 15 October 2022. To the extent such statements summarize legal matters, the agreements, documents or procedures discussed herein are accurate and fair summaries of such legal matters, agreements, documents or procedures. The bottom line: Use equitably when it comes to value and in the context of competing interests.

In other contexts, it is likely that reasonable would be a better solution. But you should seek the use of fairness in relation to art, as in the accounting sentence a true and fair picture: Note: The factors used to determine whether an accused received a fair trial are: the effectiveness of the assistance of a defence lawyer, the ability to present evidence and witnesses, the possibility of refuting opposition evidence and cross-examining opposition witnesses, the presence of an impartial jury and the absence of bias on the part of the judge. Just to set the scene, here`s how Black`s Law Dictionary (9th edition 2009) defines it fairly: But that`s usually not the case. Let`s say a parent is the breadwinner. They make a million dollars a month. The second parent earns $500 per month. A fair solution is the solution that best serves both parents based on their needs – not what is technically fair or equal. Individual securities to be redeemed will be selected no later than 60 days prior to the redemption date from among the outstanding securities in this series, for which redemption terms have not yet been requested. by the trustee in accordance with a method he considers just and reasonable.

The parties acknowledge, warrant and represent that the parties and their counsel have each been involved in the drafting of this Agreement and each provision of this Agreement, that the Agreement as a whole shall be interpreted in accordance with its proper meaning. Fair, Adj. (Bef. 12c) 1. Impartial; Right; just; Disinterested . 2. Free from bias or bias . In contexts that do not involve competing interests, I would fairly get rid of: n. In English law. A larger type of market; A privileged market. It is a non-tangible inheritance granted by royal patent or established by prescription subject to the approval of the Crown.

In earlier English law, the right to vote to hold mass conferred certain important privileges; and trade fairs as legally recognized institutions had special legal characteristics. However, most of these privileges and features are now obsolete. In America, fairs in the ancient technical sense are unknown and, in the modern and popular sense, they are entirely voluntary and not legal, and the transactions arising from them in or in connection with them are subject to the general rules of sale, etc. I`ve also seen Fair used in a way that makes me scratch my head. For example, the manager will act fairly and appropriately when allocating investment and trading opportunities to the account and each reference account. The original financial statements (if any) present fairly the consolidated financial position and operations at the end of and for the financial year and the Group`s results for that year. For the sake of simplicity, let`s assume for a moment that the word “fair” is simply attached for no reason. According to The Law Dictionary, the legal definition of “just” is “just, based on fairness rather than legal formality; refers to positive remedies (orders to do something, not monetary damages) used by courts to resolve disputes or provide relief.

“Although a true and correct vision is boringly clumsy, I would be wary of dealing with it. The term “fair and equitable” is used primarily in two areas of law: insolvency law and family law. It is also misunderstood by clients – almost more than any other legal term in our books. This is mainly because many people confuse the word “just” with “equality” or “equal.” And they are very different concepts. So what does fair and equitable really mean? Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. Many different factors can contribute to making a divorce fair: when the couple married, retirement, earning potential, children, taxes, etc. Two parents with roughly equal income potential, who agree to share 50/50 child care and spend the same amount of time with their children, could benefit from an equal and fair agreement. To be clear, the word has very little to do with the word equal.

For example, an equal distribution of marital property means that each divorced spouse receives an equal share of the wealth.