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Legal Definitions - dismissed for want of equity
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Definition of dismissed for want of equity
Definition: Dismissed for want of equity refers to a case that has been removed from the court's docket for substantive reasons. This usually happens because the plaintiff's allegations are found to be untrue or because the plaintiff's pleading does not state an adequate claim.
For example, if a plaintiff files a lawsuit claiming that a company breached a contract, but the court finds that there was no contract in the first place, the case may be dismissed for want of equity.
Dismissal for want of equity is different from dismissal for procedural reasons, such as failure to prosecute or lack of jurisdiction. It is a dismissal based on the merits of the case.
Other types of dismissals include:
- Dismissal agreed: A court's dismissal of a lawsuit with the agreement of all parties.
- Dismissal for failure to prosecute: A court's dismissal of a lawsuit because the plaintiff has failed to pursue the case diligently toward completion.
- Dismissal without prejudice: A dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period.
- Dismissal with prejudice: A dismissal, usually after an adjudicationon the merits, barring the plaintiff from prosecuting any later lawsuit on the same claim.
A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Simple Definition
Dismissed for want of equity is when a court removes a case from its docket for substantive reasons. This usually happens because the plaintiff's allegations are found to be untrue or because the plaintiff's pleading does not state an adequate claim. It is a type of dismissal that happens when the court decides that the case does not have enough merit to continue.
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