Equitable Defenses

Question 1

Unclean Hands

Answer 1

P w/ unclean hands barred from equitable remedy.

D must show:
(1): serious P misconduct (unethical, immoral, bad faith)
(2): misconduct must closely relate to P’s claim;
(3): Misconduct unrelated/happened earier wont bar recovery

Question 2

Laches

Answer 2

Deny equitable relief to P if P:
(1): unreasonably delayed pursuing relief after P knew/should have known about claim; AND
(2): delay prejudiced D.
– they changed position or evidentiary prejudice

Question 3

Equitable Estoppel

Answer 3

Used in Legal and Equitable Claims

Party must show:
(1): Party to be estopped intentionally or via gross negligence used deceptive conduct/made deceptive statements

(2): party seeking estoppel relied on or was misled by the deception, and

(3): party seeking estoppel was harmed by it