QUIA TIMET
quia timet (kwI-[schwa] tI-m[schwa]t orkwee-[schwa] tim-et). [Latin ¡°because he fears¡±] A legal doctrine that allows a person to seek equitable relief from future probable harm to a specific right or interest. [Cases: Equity 17. C.J.S. Equity ¡ì 55.]¡°A second class of cases where equity courts act to prevent injury are known as ¡®quia timet¡¯ cases. The name comes from the two Latin words, once used when asking relief in this class of cases; the words mean, ¡®whereas he fears’ that some injury will be inflicted in the future unless the court of equity assists him in advance, the plaintiff asks the assistance of the court to do this, that, or the other thing with respect to the defendant.¡± Charles Herman Kinnane, A First Book on Anglo-American Law 648 (2d ed. 1952).
¡°Quia timet is the right to be protected against anticipated future injury that cannot be prevented by the present action. The doctrine of ¡®quia timet¡¯ permits equitable relief based on a concern over future probable injury to certain rights or interests, where anticipated future injury cannot be prevented by a present action at law, such as where there is a danger that a defense at law might be prejudiced or lost if not tried immediately.¡± 27A Am. Jur. 2d Equity ¡ì 93, at 581 (1996).
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