Blacks Law - 4th Edition
BILL QUIA TIMET
—Bill quia timet. A bill invoking the aid of
equity "because he fears," that is, because the
complainant apprehends an injury to his property
rights or interests, from the fault or neglect of
another. Bisp.Eq. § 568; 2 Story, Eq.Jur. § 826.
Such bills are entertained to guard against possible or
prospective injuries, and to preserve the means by which
existing rights may be protected from future or contingent
violations; differing from injunctions, in that the latter
correct past and present or imminent and certain injuries.
De Carli v. O'Brien, 41 P.2d 411, 416, 150 Or. 35, 97 A.L.R.
693.
—Bill quia timet. A bill invoking the aid of
equity "because he fears," that is, because the
complainant apprehends an injury to his property
rights or interests, from the fault or neglect of
another. Bisp.Eq. § 568; 2 Story, Eq.Jur. § 826.
Such bills are entertained to guard against possible or
prospective injuries, and to preserve the means by which
existing rights may be protected from future or contingent
violations; differing from injunctions, in that the latter
correct past and present or imminent and certain injuries.
De Carli v. O'Brien, 41 P.2d 411, 416, 150 Or. 35, 97 A.L.R.
693.
