An equitable defence is a justification provided by a defendant in court to demonstrate that the plaintiff’s case lacks validity. It can be an affirmative defence, where the defendant presents evidence that would undermine the plaintiff’s claim, or a real defence, which is a defence that is effective against any potential claimant. Some examples of equitable defences include mistake, fraud, illegality, and unclean hands. The defendant’s approach and tactics in opposing the plaintiff or prosecution are also referred to as the defence.
An equitable defence is a justification provided by a defendant to challenge the validity of the plaintiff’s case. It was originally only applicable in a court of equity but can now be used in a court of law.
Some examples of equitable defences include mistake, fraud, illegality, failure of consideration, forum non conveniens, laches, estoppel, and unclean hands. For instance, if a plaintiff sues a defendant for breaching a contract, the defendant may assert an equitable defence of fraud, alleging that the plaintiff deceived them into signing the contract. Another example is that if a plaintiff sues a defendant for patent infringement, the defendant may raise an equitable defence of unclean hands, contending that the plaintiff violated the duty of honesty and good faith during the patent application process.
Equitable defences are employed to prevent the plaintiff from obtaining the relief sought in their complaint or petition. They play a crucial role in ensuring fairness and justice within the legal system for all parties involved.
An equitable defence is a legal argument or claim that seeks to prevent or limit the enforcement of a legal right or remedy based on principles of fairness and justice.
Some common types of equitable defences include laches, estoppel, unclean hands, and equitable estoppel.
Laches is an equitable defence that asserts that a party has unreasonably delayed in asserting their legal rights, causing prejudice to the opposing party. As a result, the delayed party may be barred from seeking a remedy.
Estoppel is an equitable defence that prevents a party from asserting a legal right or claim because they have previously acted in a way that is inconsistent with that right or claim, causing harm or prejudice to another party.
Unclean hands is an equitable defence that argues that a party seeking relief from the court has engaged in wrongful or unethical conduct related to the matter at hand. This defence aims to prevent the party from benefiting from their own misconduct.
Equitable estoppel is a defence that prevents a party from asserting a legal right or claim because they have made representations or promises to another party, who reasonably relied on those representations or promises to their detriment.
To assert an equitable defence, you should raise it as a defence in your legal pleadings or during the trial. It is important to provide evidence and arguments supporting your equitable defence to convince the court to apply it.
Yes, if the court finds that an equitable defence is valid and applicable, it can dismiss or limit the legal claim or remedy sought by the opposing party.
Equitable defences are generally available in most types of legal cases, including contract disputes, property disputes, and tort claims. However, the specific requirements and availability of equitable defences may vary depending on the jurisdiction and the nature of the case.
Yes, it is possible to use multiple equitable defences in a single legal case if they are applicable and supported by the facts and circumstances of the case. However, the success of using multiple equitable defences will depend on the strength of each defence and how they interact with each other.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 5th May 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/equitable-defence/
- Modern Language Association (MLA):Equitable Defence. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/equitable-defence/.
- Chicago Manual of Style (CMS):Equitable Defence. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/equitable-defence/ (accessed: May 09 2024).
- American Psychological Association (APA):Equitable Defence. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/equitable-defence/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts