Frequently Asked Questions

What are the two most common equitable defenses?

Equitable defenses are legal principles that can be used to prevent a party from receiving a remedy or relief in a lawsuit. They are based on the concept of fairness and are typically used when the remedy sought is "at law". The two most common equitable defenses are unclean hands and laches. Unclean hands is a defense that can be used when the party seeking relief has also committed a breach of the contract. This principle is based on the idea that a party who has violated the terms of the contract cannot claim relief for a breach by the other party. It is a way to ensure fairness in the legal process and prevent a party from benefiting from their own wrongdoing. Laches, on the other hand, is a defense that can be used when the non-breaching party intentionally delays bringing forth a lawsuit for breach of contract, resulting in prejudice to the breaching party. This defense is based on the principle that a party should not be allowed to "sleep on their rights" and then bring a lawsuit when it is convenient for them, especially if the delay has caused harm to the other party.