Equitable Defenses

Question 1

Equitable defenses

Answer 1

prevents a plaintiff from obtaining an equitable remedy that would be otherwise available

Question 2

Who may equitable defenses be used against

Answer 2

• equitable defenses may be raised against all classes of litigants
• except: any governmental body in Virginia, including states, cities, towns, and counties

Question 3

Equitable defenses and legal defenses

Answer 3

• Equitable defenses are in addition to any legal defenses
• can only defend against equitable remedies

Question 4

Unclean hands

Answer 4

• Most common on exam
• party seeking equitable relief has acted in an unseemly manner in the same transaction for which they are seeking equitable relief
• The conduct need not be illegal or actionable
  
  • Just needs to be improper/unfair conduct
    
    • e.g. sleazy salesman

Question 5

Laches

Answer 5

• Also most common on the exam
• The Virginia general assembly has created SoLs for all legal claims
• No SoLs for equitable claims, but is recognized in equity as laches

Question 6

Timing of laches

Answer 6

• If plaintiff waits too long to sue, to the detriment to the defendant, the court will not grant equitable relief
• No set time
• Need to look at the facts to see if plaintiff slept on their rights
• If seeking equitable relief on a legal claim, judge may set laches before SoL
  
  • But, cannot extend SoL, even if only for equitable relief

Question 7

When Laches is available as a defense

Answer 7

• Available if:
  
  • an adult plaintiff waits an unreasonable time before suing,
  • considering when they obtained knowledge of the wrong,
  • and the delay was prejudicial to the defendant
• Different from SoLs because they dont start running upon injury

Question 8

2 prejudice categories for laches

Answer 8

• defendants ability to defend themselves has been compromised by the plaintiff’s delay
  
  • e.g. evidence is gone due to delay
• defendant is lulled into acting by the plaintiff’s silence/failure to act
  
  • e.g. plaintiff sues for removal of an addition to the house when she knew and was okay with the defendants deck that encroached on her property in the same area

Question 9

Laches and minors

Answer 9

Laches start running when minor turns 18

Question 10

Unconscionability

Answer 10

• Very rare.
• if it would shock the conscience to uphold a grossly unfair deal, it’s unconscionable.

Question 11

Impossibility and hardship

Answer 11

If the defendant will suffer undue hardship, or cannot accomplish what the plaintiff is requesting, court will deny relief.

Question 12

Fraud

Answer 12

• can be defense to specific performance
• could be used as the basis for a reformation or recission.
• elements:
  
  • knowing misrepresentation of a present fact
    
    • (not opinion, promise, or statement about a future event)
  • misrepresentation induced reliance by the other party
• Clear and convincing evidence is standard of proof

Question 13

Equitable estoppel

Answer 13

• if one party makes a misrepresentation which foreseeably induces the other side to act in reasonable reliance, to his detriment
• Party making the representation may be barred from this defense if they assert rights inconsistent with the representations

Question 14

How to analyze equity questions on the exam

Answer 14

1. note that equitable relief is always discretionary
2. no adequate remedy at law
3. equitable relief is feasible
4. what equitable relief plaintiff can get
5. defenses