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equitable grounds for recovery

Equitable grounds for recovery is defined as situations where it is believed to be fair to allow someone to recover damages in a court case.

(noun)

  1. When two people both believe they have a contract and one fulfills his duties under the contract and the other does not, but it later turns out that the contract was not valid after all, this is an example of a situation where the court may hold the party who did not perform has equitable grounds for recovery.
  2. When two parties divorce in a state that does not use community property rules, this is an example of a situation where a court may use the concept of equitable grounds for recovery to divide up the marital assets.

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