Equitable Defenses

Laches

—unreasonable delay in pursuing equitable relief; delay must have either worked to defendant’s disadvantage or warranted presumption that plaintiff waived his right

Laches - Relationship to statute of limitations

Relationship to statute of limitations—applicable statute of limitations (if any) creates time period beyond which delay is presumptively unreasonable for laches

Laches - Effect of disability

Effect of disability—excuses delay in enforcing equitable right unless fiduciary has been appointed with duty to prosecute claims for disabled person

Laches - Inapplicable to government units

Inapplicable to government units—laches does not operate against any state or local government unit in discharging its government functions

Unclean hands

—plaintiff seeking equitable relief must not have engaged in any wrongdoing toward defendant or subject matter of litigation

Balancing hardships

—court will examine the parties’ respective hardships; defendant can prevent granting of equitable relief by showing he will suffer greater hardship from granting relief than plaintiff will suffer if relief is not granted

Acquiescence

—relief may be denied based on a party’s acquiescence (requires knowledge) in other party’s conduct

Equitable estoppel

—can be invoked when one party’s actions cause another to detrimentally rely on them

Equitable estoppel - Elements

Elements—party claiming estoppel must prove by clear and convincing evidence:

• Party did not know, or have way of knowing, truth about facts

• Party reasonably relied on conduct of party against whom estoppel is claimed and

• Party suffered prejudicial change of position because of reliance

Equitable estoppel - Waiver

Waiver—claimant must prove by clear and convincing evidence that requirement or condition exists and that waiving party knows of and intended to waive it