Equitable Defenses

Question 1

Equitable Defenses

Answer 1

Excuse an unlawful act because party bringing action is also unfair

Question 2

Latches (statute of limitations adjacent)

Answer 2

Prevents someone from securing equitable relief if (1) he or she has unreasonably delayed in bringing the action, and (2) the delay has prejudiced the other party.

Question 3

Unclean Hands (comparative fault/contributory negligence adjacent)

Answer 3

Bars relief to a plaintiff who has (1) violated conscience, good faith, or other equitable principles in his prior conduct and (2) that prior conduct relates directly to the transaction or subject matter concerning which the complaint is made

Question 4

Equitable Estoppel (deceit misrepresentation)

Answer 4

Prevents someone from taking a position contrary to what he or she has previously represented if the other party has reasonably and detrimentally relied upon the prior representation.

Question 5

Equitable Estoppel Elements

Answer 5

(1) party to be estopped made a prior misrepresentation of fact to the other party (2) had reason to believe the other party would rely upon the misrepresentation (3) other party reasonably relied upon and (4) as a result, suffered harm.

Question 6

Appellate Jurisdiction

Answer 6

An order granting, modifying or denying a motion for an injunction is appealable by filing a notice of appeal. … TRO is not appealable.

Question 7

Stays

Answer 7

Same test as injunction: (1) likelihood of success (2) irreparable injury (3) balance of hardships (4) public interest

Question 8

Modification of Injunction

Answer 8

If changed circumstances render continued enforcement of the injunction inequitable.