Other Equitable (Non-Monetary) Remedies

Question 1

Requirements for Unclean Hands

Answer 1

1. Serious misconduct by the plaintiff
2. Misconduct must clearly relate to the plaintiff’s claim

Question 2

Requirements for Ejectment

Answer 2

Plaintiff must establish:

1. Title to the land;
2. The right to immediate possession

Question 3

A P seeking ejectment may also seek damages, including:

Answer 3

1. The value of the use of the land (rental value)
2. Profits from the defendant’s use of the land (rents collected from tenants); and
3. Damages for any harm caused by the defendant to the land

Question 4

T or F: A plaintiff may elect to receive inconsistent remedies

Answer 4

False, a plaintiff may plead inconsistent remedies, but once the plaintiff elects a remedy, it cannot continue to pursue a remedy inconsistent with one it has already chosen

Question 5

For laches, a court may deny equitable relief if the plaintiff:

Answer 5

1. Unreasonably delayed in pursuing relief after the plaintiff knew or should have known of the claim (if the analogous SOL for the claim has expired, the delay is presumed to be unreasonable); and
2. That delay prejudiced the defendant (prejudice can be shown by either: (1) a change in the defendant’s position OR (2) evidentiary prejudice)

Question 6

To establish equitable estoppel:

Answer 6

1. The party to be estopped either intentionally or through gross negligence engaged in deceptive conduct or made deceptive statements;
2. The party seeking estoppel relied on or was misled by the deception; and
3. The party seeking estoppel was somehow harmed by it