VIII. Equitable Defenses

Question 1

Definition

Answer 1

An equitable defense prevents a plaintiff from obtaining an equitable remedy otherwsie avialble

Question 2

Unlclean Hands

Answer 2

• available if P is guilty of improper conduct iproximately related to the same transcdtion for which the P seeks relief

Question 3

Impossibility and Hardship

Answer 3

Equity will not order relief which is not feasible and that equity alwasy has discertion

aka something they’re not in the capacity to do if orders or if it will burden them disproprotionate to the gain of P

Question 4

Freedom of Speech

Answer 4

Based upon contitutional guarantee of free speech and may be used to prevent injunctive relief in defamation and invasion of privacy cases

Question 5

Time bar: Laches

Answer 5

Available when plaintiff has delayed bringing suit if:

1) delay is unreasonable based upon when P knew of hte wrong AND
2) if the dleay is prejudicail

SUpplement to statute of limitations to be more flexible. Will shorten the period