Equitable Defenses

Question 1

What is unclean hands?

Answer 1

BAD CONDUCT DEFENSE

An equitable defense. D can raise this when Plaintiff has committed inequitable conduct. The bad conduct by Plaintiff, however, must be related to the case – it does not have to necessarily effect the D.

Question 2

What is estoppel?

Answer 2

CHANGING POSITIONS DEFENSE

The plaintiff committed two different acts that were inconsistent. The defendant relied on those acts which caused him to act the way he did.

Question 3

What is waiver?

Answer 3

CHANGING POSITIONS DEFENSE

The plaintiff intentionally committed one unilateral act either expressly or impliedly (based on C&C). That intentional act relinquished plaintiff’s known right.

Question 4

What is laches?

Answer 4

DELAY DEFENSE

The plaintiff had an unreasonable delay in suing D. D relied on this delay to his detriment. This is the equitable version of SOL. Does not apply to just filing the complaint.

Question 5

What is SOL?

Answer 5

DELAY DEFENSE

Plaintiff filed the action after the statute of limitations expired.