Equitable Defenses

Question 1

Equitable defenses are:

Answer 1

defense to equitable relief only

-do not apply to substantive law

Question 2

the doctrine of “laches” will bar ___ if two conditions are met:

Answer 2

An equitable remedy will be barred by

1. πhas waited an unreasonable length of time; and,
2. ∆ has suffered prejudice from their unreasonable delay

Question 3

Equitable defenses, if not asserted in a timely manner

Answer 3

are waived

Question 4

Equitable estoppel has three elements:

Answer 4

defense to both substantive and equitable relief

1. πby conducts, word or silence made ∆ believe a certain state of affairs existed
2. ∆ relied on that state of affairs
3. ∆has suffered prejudiced based on their reliance

Question 5

equitable defenses cannot be asserted against

Answer 5

the government

Question 6

The defense of unclean hands will prevent granting equitable relief to a plaintiff who has engaged in

Answer 6

improper or unfair conduct in the course of the same transaction that they seek equitable relief

Question 7

The doctrine of undue hardship is commonly invoked when?

Answer 7

a plaintiff has made out a case for equitable relief, but undue harm would result to the defendant by granting the equitable remedy, the equity court may deny equitable relief and leave the plaintiff to his remedy at law