Unfair Advantage Law and Legal Definition

Unfair advantage is a subjective term that is measured by a standard of proper conduct for persons in similar positions. Unfair generally means unjust, and typically involves acts deemed unethical. Any attempt to acquire an advantage or to impose a disadvantage in a manner which violates such a standard of conduct is unfair. It may involve exploiting another person's vulnerability for personal, social or objective gain, or using unethical methods to acheive some benefit. For example, a student who cheats on an exam may be penalized for attempting to secure an unfair advantage over the other students who took the exam.

Wrongful intent or unethical acts are generally implied in unfair advantage. A basketball player who stands over 7 feet tall is not deemed to have an unfair advantage over shorter players, since the genes that cause height are not within the control of the player. However, tripping other players or using a lower basket could be deemed an unfair advantage.