Remedial Defenses

Question 1

What are the remedial defenses

Answer 1

P’s Conduct as a Defense to the Remedy
○ UNCLEAN HANDS
○ ESTOPPEL
○ WAIVER
○ SOL
○ LACHES

Question 2

Unclean Hands

Answer 2

DEFINE: inequitable conduct; “He who comes in equity must come with clean hands”
○ D doesn’t need to show injury; designed to punish

Purpose: Deter wrongdoing – dis-incentivizing future misconduct; protect integrity of the court
● Now may be available in both law and equity

Criticism?
○ How to define “wrongful” conduct? Who decides?
○ Why only bar equitable remdy? If P’s acted “wrongfully,” why not also bar legal rem?
○ No balancing… what if D’s actions much worse than P’s wrongful action?

Question 3

LACHES

Answer 3

Unreasonable delay causing prejudice, and D relies on P’s delay
● Purpose: “Equity aids the vigilant and not those who slumber on their rights”
○ Equity’s statute of limitations [Minority in MGM suggest allowed for legal too]

● Standards: Unreasonable delay [substantial length time] + Prejudice to other side

Question 4

ESTOPPEL

Answer 4

Inconsistent acts resulting in detrimental reliance
● Purpose: stop party changing positions
● Standards: Inconsistent act by P + Detrimental reliance by D (leads to “prejudice”)

Question 5

WAIVER

Answer 5

Voluntary and intentional relinquishment of known right
● Standards: Intentional [aware/knowledge of right] Relinquishment (failure to assert)
● *No need for reliance on behalf of the D

Question 6

Difference between Waiver & Estoppel

Answer 6

Conduct: Estoppel = 2 different inconsistent acts
○ Waiver = 1 unilateral act (express waiver; or implied waiver which reqs C&C ev)

Intent: Estoppel = negligent sufficient
○ Waiver = intentional

Reliance (by D): Required for estoppel. Not required for waiver