Equitable Defenses

Question 1

What are the main two (2) things to focus on with Equitable Defenses?

Answer 1

Focus on:
1) The elements of the defense.

2) Does the defense apply to a request for equitable relief, or also to a request for damages (legal relief)?

Question 2

Which equitable defense is about the plaintiff’s own bad conduct?

Answer 2

UNCLEAN HANDS

Question 3

Unclean Hands: An equitable defense for an injunction or for damages?

Answer 3

Unclean hands is an equitable defense for an injunction only, damages will still be available.

Question 4

Unclean Hands: What are the 2 varieties?

Answer 4

1) In Pari Delicto
2) Unclean Hands

Question 5

Unclean Hands: In Pari Delcto: What relief(s) does it apply to?

Answer 5

It applies to BOTH equitable relief (injunctions) and legal relief (damages).

Question 6

Unclean Hands: In Pari Delicto: What are the 2 elements (requirements)?

Answer 6

1) plaintiff acted inequitably; and the conduct is at least as bad as the defendant’s conduct.

2) Connection between plaintiff’s conduct and subject matter of the lawsuit, plaintiff’s conduct “related” to the subject matter of the lawsuit.

Question 7

Unclean Hands: Generally: What relief(s) does it apply to?

Answer 7

Only applies to equitable relief.

Question 8

Unclean Hands: Generally: What are the 2 elements (requirements)?

Answer 8

1) plaintiff acted inequitably. (no additional “at least” requirement)

2) Connection between plaintiff’s conduct and subject matter of the lawsuit, plaintiff’s conduct “related” to subject matter of the lawsuit.

Question 9

Unclean Hands: How to tell which variety is being used?

Answer 9

Depends on how narrowly the court defines “relates.”

Courts have a lot of discretion—relate could mean identical conduct or even a smell of similarity.

Question 10

Unclean Hands: 3 Issues?

Answer 10

Not exactly clear what conduct is bad enough.

Why would bad conduct bar equitable relief, but not legal relief (no equitable relief but you still have legal relief)

Less ability to balance. Unclean SHOULD be about equitable relief even when the plaintiff’s bad conduct is not as bad the the defendant’s.

Question 11

Estoppel: What type of relief(s) does it bar?

Answer 11

Bars equitable relief and legal relief.

Question 12

Estoppel: What are the 3 elements?

Answer 12

1) plaintiff makes an act or statement that is inconsistent with the right the plaintiff later asserts.

2) defendant relies on plaintiff’s act or statement.

3) defendant injured due reliance.

Question 13

Waiver: What type of relief(s) does it apply to?

Answer 13

Applies to both equitable relief and legal relief.

Question 14

Waiver: Element(s)

Answer 14

Requires the intentional relinquishment of a known right.

Question 15

Waiver: What type of waver required?

Answer 15

Waiver can either be express or implied.

Merely allowing for something to happen can be seen as being implied.

Question 16

Waiver: Is reliance required?

Answer 16

No, reliance is not technically required.

Question 17

Waiver: it is a defense to what type(s) of claim?

Answer 17

Waiver is a defense to claims for both equitable relief and legal relief.

Question 18

Laches: What type of relief(s) is it a defense for?

Answer 18

Laches is only a defense to equitable relief.

Question 19

Laches: What is it all about?

Answer 19

Laches is all about timing.

Question 20

Laches: What are the 2 elements?

Answer 20

1) plaintiff unreasonably delayed in filing suit against the defendant.

2) defendant suffered prejudice because of the unreasonable delay.

Question 21

Laches: Does it matter how long the delay was?

Answer 21

No, the time of the delay does not matter, look to the circumstances to see if the delay is reasonable or unreasonable.

Question 22

How are Estoppel and Laches similar?

Answer 22

Estoppel and Laches both involve reliance from the defendant.

Question 23

If there is more reliance, would you lean towards estoppel or waiver?

Answer 23

If there is more reliance present, lean towards estoppel.

Question 24

If there is more intentional conduct or statement would you lean towards estoppel or waiver?

Answer 24

If there is more intentional conduct or statements present, lean towards waiver.

Question 25

Comparing Estoppel and Waiver:

Answer 25

Estoppel
-Act or statement (plaintiff’s) that is inconsistent with the right the plaintiff later asserts.
-defendant relied
-defendant injured due to reliance

Applies to both legal and equitable relief.

Waiver
-Intentional relinquishment of a known right.

Applies to both equitable and legal relief.

Question 26

Comparing Laches v. Statute of Limitations:

Answer 26

Laches
-Court created, and court applied.
-No clear end date.
-Applies when plaintiff seeks equitable relief.

Statute of Limitations
-Legislature creates.
-Tricky part is accrual date. (Could be determinable to be a specific date)
-Clear about when you need to file (must file by…)
-Applies when plaintiff seeks equitable relic (Petrella) AND legal relief.

Question 27

What happens when BOTH Laches and Statute of Limitations applies?

Answer 27

Not being barred by laches DOES NOT fix being barred by statute. (still screwed)

If you are timely filing within the statute of limitations, then you probably won’t be barred by lances.

It is possible to be barred by laches (election cases) even if you are within the statute of limitations.