Equity

Question 1

Equitable Maxims and Ex Parte Dibble

Answer 1

One who seeks equity must do equity.
Equity acts in personam and not in rem.
One who seeks equity must come with clean hand.
Equity regards that as done as that which ought to have been done.
Equity favors the diligent and vlgilient.
Equity regards substance over form.
Equity will not suffer a wrong without a remedy.
Equity follows the law.
Equity is equality.
Equity disfavors forfeitures.
ALSO: Exparte dibble - the court has the inherent power to those things reasonably necessary to reach just results to the fullest extent possible.

Question 2

Plaintiff’s Unclean Hands

Answer 2

Permits court to resfuse relief to the plaintiff.

Elements: (1) Inequitable conduct by the plaintiff, (2) related directly to the subject matter of the dispute and (3) that causes prejudice or injury to the defendant.

Question 3

Laches

Answer 3

Asserted when the plaintiff unreasonably delayed in asserting the claim so as to result in prejudice to the defendant because of the delay. It requires: (1) delay, (2) unreasonable length of time and (3) that prejudices the defendant. (maybe witnesses or documents are gone now).

Even if otherwise applicable, a court may refuse to apply laches when doing so would be really unfair and harsh.

Question 4

Equitable Estoppel

Answer 4

Equitable estoppel requires certain elements to be proved by the defendant regarding the plaintiff’s conduct and the defendant’s own conduct. As to the party being estopped: (1) conduct calculated to convey the impression that the facts are inconsistent with those which the party subsequently attempts to assert, (2) intention or an expectation that such conduct may be acted upon by the other party, and (3) actual or constructive knowledge of the true facts.

As to the party asserting estoppel: (1) lack of knowledge or means to know the true facts, (2) reasonable reliance on the conduct of the other party, and (3) change in position to the extent that one party would be prejudiced or injured.

Question 5

Equitable Remedies

Answer 5

Injunctive Relief
Specific Performance
Recission
Equitable Reformation
REsulting Trusts
Contructive Trusts
Equitable Liens
Restitution
Accounting

Question 6

Judicial Estaoppel

Answer 6

Prevents a party from adopting a contrary factual position in a lawsuit in direct conflict with a position taken in the same or related case. Requires

(1) Two inconsistent positions taken by the same parties or parites in privity with one another;
(2) The positiions taken must be in the same or related litigation against the same parties or parities with privity with each other;
(3) The party taking the position must have been successful in maintaining that position and have recieved some benefit, and
(4) The inconsistency must be party of an intentional effort to mislead the court, and the two positions must be totally inconsistent.

Question 7

Specific Performance

Answer 7

The contract should be clear, definite and certain.
The contract should be legally valid.
The Plaintiff should have performed or be prepared to perform their part of the bargain, although formal tender is not always necessary.
Damages remedy should b inadequate.
Equities should favor the granting of specific performance as a matter of sound judicial discretion.

Highly discretionary with court: will consider balancing of the equities, inadequate consideration, practicality, unforeseen results and mistake known to other party or misrepresentation.

Question 8

Equitable Lien

Answer 8

Must be more than a mere debt or mere breach of contract. There must typically be: (1) a debt, (2) a duty or obligation owed another from one person, and (3) a res (property) to which the oblgation attaches, which can be described with reasonable certainty; and an intent, express or implied, that the property serve as security for the payment obligation.

Question 9

Restitution

Answer 9

Designed to prevent unjust enrichment. Goal is the restoration of property or benefits unjustly retained by the defendant, which in equity and goo dconscience belwong to the plaintiff. Requires (1) a benefit conferred by plaintiff upon defendant, (2) realization of that benefit by the defendant, and (3) retention of the benefit by the defendant under circumstnaces that make it inequitable for him to retain it without paying its value.