Re:Subway Got Too Big – Franchisees Paid a Price
by nihonde on Sunday June 30, 2019 @12:02AM
(#20316254)
It’s more along the lines of a discretionary override when strict application of the law would offend the judge’s interpretation of fairness. It used to be the King’s privilege, and later became a judicial power.
Re:Subway Got Too Big – Franchisees Paid a Price
by buckminster on Saturday June 29, 2019 @12:01PM
(#20313291)
Courts of Equity are a thing. Their goal is fairness.
Based on the phrasing, I suspect jessaustin was taking more of a 'justice for these bankrupt immigrants at the expense of Subway and their execs'. The judge would have looked at the bankrupt immigrants, seen people who deserved justice, then looked at Subway and its execs and seen another group of people who deserve justice and then made a decision most consistent with how such cases are handled.
Being deserving in the sense used in this thread isn't enough to overrule the basic priority of same situation -> same outcome in common law. And that is a principle that is worth defending, even in the passion of the moment when it causes outcomes that are unsatisfying.