LIMITATIONS TO EQUITY (defenses)<--∆ Flashcards
Defenses/limitation to Equity
(4t
Undue Hardship to ∆/Burden on Court
Unfair Contract or UNCONSCIONABILITY
Unclean Hands
Laches
Undue Hardship
Equity will not be enforced if the result would effect an undue hardship on the ∆
HOWEVER…
Burden on the Court
Equity will not be enforced if the result would create and burden on the supervising court
Unconscionability
K
As courts of equity developed as courts of conscience, courts of equity are free to deny equitable relief for a contract on the grounds that it is unconscionable.
UNCLEAN Hands
1) inequitable conduct by party seeking equitable relief that is
A) WILLFUL &
B) Fraudulent, illegal or unconscionable AND
2) Immediate relation to the subject of the suit
Why is it inaccurate to call Unclean Hands JUST a defense?
Because Courts can raise it themselves even if parties do NOT!!
In pari delicto
In cases of equal fault, ∆ position is stronger
-In order to establish this defense, π’s fault must be equal to or greater that the ∆’s. Mere wrong on π’s part is insufficient.
LACHES
elements:
1) Unreasonable delay (lack of diligence)
2) Prejudice to the ∆
**many courts say elements are inversely related
What might constitute prejudice?
-death of witness, loss of memories, loss of evidence
-change of position by the ∆ that makes the requested relief inequitable
The However argument for Undue Hardship
(whitlock v. Hilander Foods, Inc) Undue burden on ∆
(Grocer;fence;footing;being an ass)
Ordinarily the court will not issue injunctive relief if there is an undue burden on ∆, HOWEVER if the encroachment is DELIBERATE the court may issue the injunction w/out considering the relative hardships.”
INTENT
√ but π unreas. delayed (Laches)
Here, was remanded bc it was a factual issue
Also:
√is law on client’s side and effective on a broader social level??
Fence case could be:
Trespass (legal remedy) –>
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