Equitable Defenses

Question 1

Laches

Answer 1

Laches is the equitable equivalent to a statute of limitations. It requires both an unreasonable delay, and that the delay has resulted in harm to the other party. The period of laches may be shorter than the legal statute of limitations, but it cannot be longer. Laches runs from when a plaintiff has knowledge that a right has been infringed.

Question 2

Unclean Hands

Answer 2

The party seeking equitable relief must not be guilty of inequitable or wrongful conduct with respect to the subject matter of the present suit. The essence is unfair dealing or conduct, not whether plaintiff has committed an actual tort.

Question 3

No Injunction Against Breach of Contract

Answer 3

Equity will not enjoin a breach of contract, because with a breach of contract, damages are generally adequate. But, where the contract involves a unique good, so that the legal remedy might be inadequate and specific performance is available, it is possible that an injunction would be available.

Question 4

No Injunction Against Criminal Prosecution

Answer 4

No injunction against a criminal prosecution by the District Attorney can be granted without a strong showing of irreparable injury

Question 5

No Injunction Against Crimes

Answer 5

Injunctions against crimes do not fall within equity jurisdiction, unless the crime is also a public nuisance. Thus, an injunction will lie to enjoin operation of an illegal brothel or illegal dumping of toxic substances, both of which constitute crimes as well as public nuisances. A public nuisance is one that endangers the public health and welfare.