O - EQUITABLE DEFENSES

O EQUITABLE - SYSTEM Unclean Hands Definition “[T]hat whenever a party who as actor seeks to set the judicial machinery in motion and obtain some

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EQUITABLE DEFENSES (Not Covered in the Text Book) T. Leigh Anenson, J.D., LL.M.
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TWO DEFENSES THAT JUSTIFY THE DENIAL OF A CONTRACT REMEDY: 1) EQUITABLE ESTOPPEL 2) UNCLEAN HANDS
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EQUITABLE ESTOPPEL DEFINITION “A man [or woman] should not be permitted to blow hot and cold with reference to the same transaction, or insist, at different times, on the truth of each of two conflicting allegations, according to the promptings of his or her private interests” ---Lord Kenyon
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ELEMENTS OF EQUITABLE ESTOPPEL 1) CONDUCT, WORDS, SILENCE 2) RELIED UPON BY ANOTHER PARTY 3) TO THE OTHER PARTY’S PREJUDICE ISSUES ? Requirement of intent to mislead or deceive
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POLICIES OF ESTOPPEL PREVENT UNCONSCIONABLE CONDUCT (OR WITHHOLD AID TO THE WRONGDOER) PROMOTING FAIR PLAY PROTECTING WEAKER PARTIES PRESERVING THE INTEGRITY OF THE JUSTICE
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Unformatted text preview: SYSTEM Unclean Hands Definition “[T]hat whenever a party who, as actor, seeks to set the judicial machinery in motion and obtain some remedy, has violated conscience, or good faith, or other equitable principle, in his [or her] prior conduct, then the doors of the court will be shut against him [or her] in limine; the court will refuse to interfere on his [or her] behalf, to acknowledge his [or her] right, or to award him [or her] any remedy.” Unclean hands: ELEMENTS & POLICIES ELEMENTS 1) UNCLEAN CONDUCT (even if not illegal) 2) RELATED TO THE CASE POLICIES 1) PARTY PROTECTION 2) COURT PROTECTION SOME ISSUES WITH EQUITABLE DEFENSES JURY TRIAL? JUDGE DISCRETION LIMITED TO EQUITABLE REMEDY? (UNCLEAN HANDS ONLY)...
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This note was uploaded on 02/28/2011 for the course BMGT 380 taught by Professor Mark during the Spring '08 term at Maryland.

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O EQUITABLE - SYSTEM Unclean Hands Definition “[T]hat whenever a party who as actor seeks to set the judicial machinery in motion and obtain some

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