Remedial Defenses

Question 1

Unclean hands

Answer 1

1. P’s inequitable and
2. dispute-related conduct is a
3. bar to recovery
4. in equity.

Question 2

In pari delicto

Answer 2

P’s wrongful and dispute-related conduct > than D’s is a bar to recovery in equity OR law.

“At equal fault”

Question 3

Laches

Answer 3

Unreasonable delay causing prejudice to D which prevents P’s recovery in equity.

Question 4

Statute of limitations

Answer 4

Legal barring of claims due to tolling of statute.

Question 5

Waiver

Answer 5

Voluntary relinquishment of a known right.

Question 6

Estoppel

Answer 6

P engaged in inconsistent conduct where P has changed prior position upon which D relied to his detriment.