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Remedies • Contract - Equitable Remedies
REM#062
Legal Definition
Defenses include unclean hands, laches, mistake, misrepresentation, unconscionability (measured at the time of formation, and constituting more than simply a bad deal), and the Statute of Frauds.
Plain English Explanation
If someone is asking the court to make you do something specific (like sell a house you promised to sell), there are certain defenses you can use to say, "I shouldn't have to do that." Here are the defenses:
(1) Unclean hands: This means the person asking for the action has also done something wrong.
(2) Laches: This means too much time has passed since the wrongdoing.
(3) Mistake: There was a genuine error or misunderstanding.
(4) Misrepresentation: Someone lied or gave false information.
(5) Unconscionability: The agreement was extremely unfair when it was made, more than just a bad deal.
(6) Statute of Frauds: The law requires certain agreements to be in writing, and this wasn't.
The purpose of these defenses is to ensure fairness. They exist to make sure that people aren't forced into actions when there are valid reasons against it.
(1) Unclean hands: This means the person asking for the action has also done something wrong.
(2) Laches: This means too much time has passed since the wrongdoing.
(3) Mistake: There was a genuine error or misunderstanding.
(4) Misrepresentation: Someone lied or gave false information.
(5) Unconscionability: The agreement was extremely unfair when it was made, more than just a bad deal.
(6) Statute of Frauds: The law requires certain agreements to be in writing, and this wasn't.
The purpose of these defenses is to ensure fairness. They exist to make sure that people aren't forced into actions when there are valid reasons against it.
Visual Aids
Related Concepts
How does election of remedies affect a claim for rescission?
If a contract has a liquidated damages clause, is specific performance still an option?
What are defenses to rescission?
What are equitable remedies in contract?
What are the defenses to formation?
What happens if a plaintiff is entitled to rescission but has already performed?
What is reformation?
What is rescission?
What is specific performance and when it is applicable?
What is the part performance exception to the Statute of Frauds?
What type of mutual mistake is sufficient for rescission?
When applying specific performance to a land purchase contract, what happens if a buyer breaches a "time is of the essence" clause with a forfeiture clause?
When applying specific performance to a land purchase contract, what happens if the quantity of land is in dispute?
When assessing reformation, what constitutes sufficient grounds?
When assessing specific performance, how do courts weigh feasibility of enforcement?
When assessing specific performance to acquire a unique piece of property, when is uniqueness tested?
When assessing specific performance, what must the status be of a plaintiff's contractual conditions?
When assessing specific performance, why are money damages sometimes an inadequate legal remedy?
When assessing whether money damages are inadequate for specific performance, why does it matter whether a piece of property is unique and what kind of property is always unique?
When is personal property considered unique enough to trigger specific performance?
Will courts grant rescission for a unilateral mistake?
