Estoppel to rely on statute of limitations, 130 A.L.R. Engaging in a fraudulent act or lying with regard to the contract itself, 3. 44-14-162.2 because the company's attorney failed to offer any reasonable explanation as to why, despite knowing that the debtor was the record owner of the properties, it only sent the notices to the predecessor in interest, and its agent, and the lending company was not entitled to equitable estoppel despite actual notice to the debtor. Some examples that could be used for this defense include the following: 2. Vince has over thirty-three years of experience representing clients in litigation matters. Though there may be no unclean-hands analog at law, the equitable doctrine of judicial estoppel serves a similar purpose, namely, to protect the integrity of the judicial process by prohibiting parties from deliberately changing positions according to the exigencies of the moment. See State of New Hampshire v. State of Maine, 532 U.S. 742, 121 S. Ct. 1808 (2001). Build a Morning News Digest: Easy, Custom Content, Free! - Without some proper legal cause of action, establishing all the elements of equitable estoppel will not entitle plaintiff to relief. 310 (1935) (decided under former Code 1933, 38-116). Only the trust, as opposed to the will, can facilitate the inter vivos bestowal on others of vested yet retrievable property rights in ones property. - In a trust administration dispute, the trial court's ruling that a trustee's attempt to rely on the equitable defenses of unclean hands, laches, and equitable estoppel failed was proper because the challenging beneficiary filed an action at law against the trustee seeking only money damages; thus, because it was an action at law, the equitable defenses of laches and unclean hands had no application to the case. In most states that means that you must plead thefactsconstituting the entire defense in your Answer as an affirmative defense. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. 640, 278 S.E.2d 182 (1981) (decided under former Code 1933, 38-116). WebAlthough the unclean hands doctrine is typically an affirmative defense asserted by a defendant, it may also be asserted by a plaintiff in opposition to an equitable defense The Uniform Trust Decanting Act's conflicting commentary, The public policy case against retroactively applying new trust law, A controversy is brewing over whether a Hungarian trust is a true trust, or just a type of contract. Committing a tort or crime with regard to the contract, i.e., bribery, 4.Coercion or forcing someone to enter into the agreement, 5. - Party seeking the benefit of estoppel must not only have been free from fraud, but must have acted in good faith and reasonable diligence; otherwise no equity will arise in that party's favor. <>/ExtGState<>>> Jan. 31, 2014), Plaintiff filed a motion to strike affirmative defenses alleging waiver, unclean hands, estoppel and laches, arguing that, as pled, each affirmative defense was merely a bare reference to a legal doctrine, without any factual support, citing a Seventh Circuit case, Yash Raj Films (USA) Inc. v. Atlantic Video, No. i&.= Z;L3A:H . 619. Unclean hands 675 (1952) (decided under former Code 1933, 38-116). Co. of Am., 308 Ga. 404, 841 S.E.2d 729 (2020) (decided under former O.C.G.A. "The doctrine of unclean hands is unique to equity and has no analog at law. If a defendant does use this defense, he or she cannot put the plaintiffs conduct at issue that is unrelated to the complaint. The dark side of codification in the trust space, Confusion reigns as to the nature of a current permissible beneficiarys equitable property rights under a fully discretionary trust. 767 (1935) (decided under former Code 1933, 38-116). Unclean hands on the part of the plaintiff is often pleaded as an affirmative defense by the defendant. % 24-4-27). WebIn sum, on any view, defendant's "fair use" defense is indefensible and must be denied as a matter of law. Is a trust term directing that internal trustee-beneficiary fiduciary disputes be arbitrated judicially enforceable? Ga. 1985) (decided under former O.C.G.A. Blackburn v. Blackburn, 168 Ga. App. Estoppel of intervener to assert claim against original complainant, 166 A.L.R. - One who has title to land and sees another who is in bona fide possession thereof place valuable improvements thereon, without giving notice of one's title, is not thereby subsequently estopped from asserting ones' title. 1248. - Estoppel to assert title to real property by conduct subsequent to contract between third persons, 1 A.L.R. A.C. Aukerman Co. v. R.L. Co. v. Tennille Banking Co. (In re Smith), 51 Bankr. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. The awesome power of equity, as opposed to the limited civil power of the law courts, would be intolerable unless stringently cabined by a doctrine under which Chancery withholds this power where invoked by wrongdoers whose bad acts are a part of the cause of action itself. In re Niki & Darren Irrev. Is a Hungarian trust a clone of the Anglo-American trust, or just a type of contract? clean hands. Promissory Estoppel & Washing Unclean Hands heirs & successes However, if the plaintiff acted in bad faith when initially drafting the contract, then the defendant can raise the unclean hands defense, among other potential defenses. Atlantic C.L.R.R. SUN LIFE ASSURANCE COMPAN | C.A. No. N17C-08-331. - When one who is not a party to the instrument of sale signs an ancillary agreement thereon, which agreement is material to the force and effect of the instrument on the signer, and which expressly refers to the preceding instrument, one is estopped from asserting any interest one may have. <>stream The charitable corporation: A trust in disguise? 377 (2011), in which the author argued that, despite the fact that it is unlikely that a defendant could uncover sufficient facts to support affirmative defenses in the 21 days required to file its answer, the only fair standard is to require defendants to plead an adequate factual basis in compliance with Twombly in order to assert affirmative defenses. 8; 24 A.L.R.2d 1413. It is typically used when the individual who is being accused of a breach argues 1501. Automobile or motorcycle as necessary for infant, 56 A.L.R.3d 1335. Such relief is usually sought in the form of specific performance, or an injunction. In re Nolle, 265 S.W.3d 487 | Casetext Search + Citator Sabin Meyer Regional Sales Corp. v. Citizens Bank, 502 F. Supp. - General rule is that for an estoppel by misrepresentation to arise the false representation must be made to the person seeking the benefit of the estoppel or intended for communication to that person. - Wife was estopped from claiming title to personalty in her husband's possession and mortgaged by him. 557 (N.D. Ga. 1980) (decided under former Code 1933, 38-116). What names import corporation within rule that one contracting with body described by corporate name is estopped to deny its corporate existence, 5 A.L.R. Estoppel of grantee or mortgagee as to amount of prior mortgage recited, 141 A.L.R. and Claim preclusion Benge v. Roberts: But an enforceable exculpatory clause in a trust should not always be the last word, Mackey v. Santander Bank, N.A: Yes, but applicable trust law lurks not just in the Uniform Trust Code, Shakman v. Dept. Whether the trust relationship should be fundamentally transmogrified into a juristic entity/person, The Crummey trust: Keeping both the IRS and the creditors at bay is taking some fancy footwork, Why trustees need to know something about will residue clauses, Trust Laws Material Purpose Doctrine, the Traditional Protector of Settlor-Intent is Under Attack: The TEDRA Factor. Share it with your network! - When plaintiff did not stand by at the time of the sale with knowledge that the sale was taking place, but only remained silent after learning of the sale previously made and of the valuable, permanent, and expensive improvements made thereon by the purchaser, the plaintiff is not estopped to assert the plaintiff's title or claim of interest in the property within seven years from the date of the sale. Is there a practical difference between Equitable Deviation and Cy Pres when it comes to seeking modification under the Uniform Trust Code of a charitable trust's administrative term? 557 (N.D. Ga. 1980) (decided under former Code 1933, 38-116). Affirmative Defenses to Breach of Contract California, Breach of Contract Defenses: Everything you Need to Know, Necessity in Criminal Law: Criminal Defense. HWYo9~jI`Kv[13(:bjC=:AVjM72]E ~th,7@(z~ @|./4lR-P$A*P#C?4b[;T|oON#}M(dp/O 1st Baron Lyndhurst: Not to be confused with his father, the Anglo-American portrait painter, The trust being a creature of equity, the Uniform Trust Code rightly defers in spirit to the maxim Equity looks to the intent rather than to the form, The law of trusts and the fiduciary conundrum of ESG-investing politics, Asset securitization, multi-generational asset management over time, and allocation of an assets exposure to creditor reach: Just a few of the myriad functions that the classic trust can perform, One court fails to consider trustees non-statutory duty to carry out settlors wishes as manifested in trusts terms, a duty that encompasses defending those terms, It is all about 1066: Why the trust regimes of two seasoned offshore trust jurisdictions, Guernsey and Jersey, are not indigenous, The very institution of the trust being a creature of judicial precedent, not statute, Melvilles caricature in Moby-Dick of precedent would seem as superficial as it is lyrical, As late as 1939 it had not been universally self-evident that entrusted property subject to an unexercised general power of appointment ought to be subject to the federal estate tax, The fiduciary conundrum inherent in the Uniform Trust Codes version of the purpose trust, State law and the right to a jury trial in trust litigation: Blurring the line between law and equity. Promissory estoppel as basis for avoidance of statute of frauds, 56 A.L.R.3d 1037. If, for example, you attack a debt collection proceeding based on the debt collectors suing you before verifying the debt, you may be able to get the case dismissed on that basis. Feb. 4, 2020). Effect of intrusting another with stock certificate endorsed or assigned in blank to estop owner as against a bona fide purchaser or pledgee for value, 73 A.L.R. He is the firms senior trial counsel. 92, 267 S.E.2d 627 (1980) (decided under former Code 1933, 38-116);(decided under former Code 1933, 38-116). When the trustee also is the beneficiarys priest, professor, adult child, or physician: The loyalty considerations. This defense is an affirmative defense that can be used by defendants; however, keep in mind that the defendant must prove the defense in order for the complaint to be dismissed. WebThe clean hands doctrine, also called unclean hands, is a defense to a claim for equitable relief, typically an injunction. A self-settled fully discretionary trust: May the settlor-beneficiarys postmortem creditors reach the entrusted property? They write law school tests about questions like that, and it is one reason I always preferred to bring all counterclaims and defenses in the defense when I was practicing. of 659. This is obviously an issue that will require further clarification from the courts. - In an action brought by the purchasers of a lot seeking to cancel the developer's security deed based upon alleged fraud, the trial court properly granted summary judgment to the developer as, even if the developer knew of the sale of the lot to the purchasers, such sale did not estop the developer from the developer's claim against the lot pursuant to the developer's security deed; however, the trial court did err by denying the equitable subrogation claim asserted by the purchasers' lender since exercising subrogation did not prejudice the developer in any manner. 52 (1908) (decided under former Civil Code 1895, 5152). Gay v. Laurens County, 213 Ga. 518, 100 S.E.2d 271 (1957) (decided under former Code 1933, 38-116); Yancey Bros. Co. v. Dehco, Inc., 108 Ga. App. 382. Cas. Hartsfield Loan & Sav. Randolph v. Merchants & Mechanics Banking & Loan Co., 181 Ga. 671, 183 S.E. The defendant has to prove that the plaintiff misled him or her in some way, or otherwise did something wrong regarding the matter. Post the Definition of unclean hands to Facebook, Share the Definition of unclean hands on Twitter. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! Another rejection of the intent-defeating, sole-benefit-of-the-beneficiaries principle, the policy centerpiece of the Uniform Trust Code, Sole interest or best interest: Equity's traditional default loyalty principle is under attack, The financial advisor who sells a trustee an insurance contract that is inappropriate in light of the trust's purposes risks primary fiduciary liabilty in equity to non-contracting parties. endstream endobj 390 0 obj <>stream 304. In a matter involving the internal affairs of a trust may trust counsel simultaneously represent not only the trustee but also any otherwise unrepresented beneficiaries? As to trust disputes, arbitrators, unlike the equity courts, cannot be expected to act sua sponte in vindication of the lawful intentions of settlors who are not before them. Breach of Contract Defenses: Unclean Hands | LegalMatch Unlike a Ponzi victim, the only one left in a Tontine is sitting pretty. Ga. 1943), modified sub nom., Meeks v. Taylor, 138 F.2d 458 (5th Cir. Estoppel to assert that article annexed to realty is or is not a fixture, 60 A.L.R.2d 1209. Equitable defenses are affirmative defenses you must plead and prove them. ?JPM%t1?Sx{Zxk65ng"`qM>mooEe]y^:M-V7 .q>p! In the ordinary course, this doctrine requires that there be a connection between the plaintiff's unclean act and the rights he or she wishes to enforce. #sfd ?Ta8pa!\`2eP-EipK+D8NR=O0"BQ@Y1dzA/i'+BF{p:_ iu%`.7y~Tk~RhK/Im"^H]e/2ro"@&h - In a second trial of a case, a party is not estopped to give testimony at the second trial which is different from the party's testimony given at the first trial. Co., 131 Ga. 129, 62 S.E. - Equitable estoppel arises from the conduct of a party, using the word "conduct" in the term's broadest meaning as including that party's spoken words, the party's positive acts, and the party's silence when there is a duty to speak, and proceeds on the consideration that the author of misfortune shall not personally escape the consequences and cast the burden on another. In Telecom Brokerage, Inc. v. Gryphone Telecom Consultants, LLC, et al., No. Statutes of limitations are legally determined time limits (and are themselves subject to equity-based attack). unclean hands | Wex | US Law | LII / Legal Information Institute Unclean hands, also referred to as the clean hands or dirty hands doctrine, is a type of legal doctrine that operates as a defense to a complaint. 489 (S.D. endobj Insurer's admission of liability, offers of settlement, and negotiations for adjustment or settlement, as waiver of proof of property loss, 49 A.L.R.2d 87. - Regardless of the amount of expenditures holder of franchise and transferee might have made in connection therewith, no equitable estoppel would arise against city barring it from challenging validity of the franchise since there was evidence to show such expenses were incurred with knowledge of the invalidity of the franchise and therefore good faith was wholly lacking. 16 0 obj : Parsing the asset-management provisions of the New Hungarian Civil Code. Recently, the United States District Court for the District of Massachusetts addressed the question of whether the heightened pleading standard first annunciated by the Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) applies to certain affirmative defenses. 1166. ]PNa2Ho9q/(d `o-ohzZ|*vwX_8Bw{wv+z?PMCgs#D:orz4OVTtL+;u$ e 1%>nu&"1/L5 1310. 584, 114 S.E.2d 545 (1960) (decided under former Code 1933, 38-116). XAYaO>%rHWCZf)9o||Da txX]AsAL*.ji~;)#9C2u^jw-K,w}s1!&C%f('` h 393 0 obj <>/Filter/FlateDecode/ID[<02F57E74BE82704FB55EFC0900EE791C><4ED2809DF7B0DA4FBEEF8F93DF231A78>]/Index[386 18]/Info 385 0 R/Length 56/Prev 144576/Root 387 0 R/Size 404/Type/XRef/W[1 2 1]>>stream Globe & Rutgers Fire Ins. estoppel In answering in the negative, the Court held that conclusory pleading of such affirmative defenses as waiver, estoppel, laches, and unclean hands, comports with the practice in the First Circuit and therefore should not be stricken. Pethel v. Waters, 220 Ga. 543, 140 S.E.2d 252 (1965) (decided under former Code 1933, 38-116). What is the doctrine of unclean hands and laches? Tax exemption as affected by failure to claim or delay in claiming it for past years, 115 A.L.R. Wife who benefited from a loan obtained by her husband from his mother because it protected the marital home from foreclosure was not estopped from pursuing a claim to the residence since it was not shown that the wife was in any way directly involved in the discussions and negotiations that procured the loan. In a dispute between adjoining landowners over title to approximately six acres of land, because appellant adjoining neighbors failed to identify any evidence of deception on the part of the adjoining landowner or the landowner's predecessors, the trial court did not err by omitting a jury charge on equitable estoppel. . The purpose of claim preclusion is to require the parties to bring all the claims they are supposed to in one lawsuit. Globe & Rutgers Fire Ins. Georgia Code 24-14-29 (2020) - Equitable Estoppel - Justia Law Unclean hands, also referred to as the clean hands or dirty hands doctrine, is a type of legal doctrine that operates as a defense to a complaint. Can promissory estoppel and unclean hands be used as a affirmative defenses in an unlawful detainer action? 904, 181 S.E. Unclean hands means youre asking the court to do something to lock in an advantage you obtained immorally. Equity's doctrine of unclean hands still has serious teeth, at least in "The doctrine of unclean hands is unique to equity and has no analog at law. Notice that laches is different than statute of limitations. There are fine points of this rule, and different terms for some of them, but in general claim preclusion will prevent further litigation of any claim that was, or should have been, made in the first suit. Tybrisa Co. v. Tybeeland, Inc., 220 Ga. 442, 139 S.E.2d 302 (1964) (decided under former Code 1933, 38-116). Right to attack validity of statute, ordinance, or regulation relating to occupational or professional license as affected by applying for, or securing license, 65 A.L.R.2d 660. Was this document helpful? You already receive all suggested Justia Opinion Summary Newsletters. 904 (Bankr. Sabin Meyer Regional Sales Corp. v. Citizens Bank, 502 F. Supp. endstream endobj startxref Georgia Cas. But on the other hand is finality the desire of courts to save their own resources and to have an end to litigating over past events and certainty going into the future. Webbased on theories of laches, estoppel, or unclean hands, and that no evidence of irreparable harm was submitted to justify granting a permanent injunction. Could it be that the Uniform Trust Code would effectively immunize the trustee of a revocable inter vivos trust from liability for his breaches of trust? Estoppel by conduct during testator's life to dissent from or attack validity of will, 74 A.L.R. Unclean hands Definition & Meaning | Merriam-Webster Legal Partial payment on private building or construction contract as waiver of defects, 66 A.L.R.2d 570. Equitable Defense Law and Legal Definition Tune v. Beeland, 131 Ga. 528, 62 S.E. WebThe trial court denied both maintenance and relief against the Mexican judgment on the ground of plaintiff's unclean hands in procuring a patently void divorce contrary to our laws and concepts of public policy. The fascinating story behind many people's favori Test your vocabulary with our 10-question quiz! - When there was no evidence of intentional deception on the part of the plaintiff, or any conduct which actually misled the defendant, the plaintiff would not be estopped from asserting any of the plaintiff's legal rights in injunction proceedings against the condemnation of property for a railroad right of way. 403 0 obj <>stream Appellant was bound by the deed restriction, as If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiffs complaint will be dismissed. Could the Myriad Codifications of Aspects of the Law of Trusts Culminating with the Uniform Trust Code (2000) Be Doing More Harm than Good? Does the settlor of a trust have standing to seek its enforcement in the courts? 24-4-27). Kornegay v. Thompson, 157 Ga. App. The Interest on Lawyers Trust Account Scheme (IOLTA): Could the medical profession get away with fleecing patients in this way? Estoppel by apparent acquiescence in or silence concerning improvements of real property to assert antagonistic title or interest, 76 A.L.R. Hasty v. Castleberry, 293 Ga. 727, 749 S.E.2d 676 (2013). - Fact that a wife may have consented for her husband to include personal property, belonging to her, in a mortgage executed by him to secure his individual debt would not estop her from thereafter setting up her title to the property, where the mortgagee had knowledge of the true ownership of the property at the time the mortgage was executed. James Talcott, Inc. v. Carder, 300 F.2d 654 (5th Cir. 1067 (1944) (decided under former Code 1933, 38-116). Estoppel: will equity help those with unclean hands - When a wife, who claimed the equitable title to property, knowingly permitted her husband to retain the legal title and possession thereof, and credit was extended to him upon the faith of his apparent ownership or arose from the purchase of his outstanding promissory note, she was estopped from asserting her secret equity as against a creditor, whether or not he had reduced his claim to judgment, who had no notice of such equity. Intrusting possession of securities to bank officer or employee who uses them to make a fraudulent showing of bank assets as estoppel of owner to reclaim them as against bank receivers, 100 A.L.R. 1405. The doctrine of unclean hands is to not to be confused with equitable estoppel, see 5.5 of Loring and Rounds: A Trustee Handbook (2021), the relevant portion of which sub-section is reproduced in the appendix below. Merger Doctrine, the Common Trust Fund, the Trusteed Mutual Fund, Common-Fund Doctrine, Combining Trusts, Common Fund of Related Sub-trusts: Which is not about trust investing? 3 0 obj COVID-19 and the non-notarial execution of wills in Massachusetts. - In cases of estoppel through silence there must be not only the right but the duty to speak before failure to do so can operate as an estoppel. 508 (N.D. Ga. 1975), vacated on other grounds, 569 F.2d 276 (5th Cir. Cowen v. Snellgrove, 169 Ga. App. Sabin Meyer Regional Sales Corp. v. Citizens Bank, 502 F. Supp. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. This standard was reinforced in the Supreme Courts subsequent decision in Ashcroft v. Iqbal, 556 U.S. 662 (2009). It comes up a lot inmortgage foreclosure. In ancient English law (which is the basis of American law), people sometimes regarded the concepts of the law as unchangeable. For more, look at:Using the Defense of Unclean Hands in Debt Litigation. The equity court is there for the trustee as well as the beneficiaries, When adjudicating trust disputes, the equity courts are duty-bound to act, sua sponte if necessary, in vindication of the lawful intentions of settlors, The Doctrine of Renvoi may still have some relevance in the trust context, Tracing and recovering real estate wrongfully removed from trusts: End-running the full-faith-and-credit obstacle, A message to the Divorce Bar: The constructive trust and the resulting trust are creatures of and regulated by general principles of equity, not the Uniform Trust Code, Good luck to the trustee who would endeavor to forge beneficiary-consensus as to ESG Investing objectives, The poor excuse for a tort that lurks in the Uniform Trust Codes certificate-of-trust regime. 726, 179 S.E. x)*}gZ)EoGPdXnT }GAl]-j nJ 3^8fl^nrt95Q Rj0"W!BMu`7LlkhZE{FJLHF `Gk=7 /b[\bm The Court began its analysis by citing the general principle that courts do not view motions to strike affirmative defenses favorably and that pleadings should be treated liberally. Does a removed trustee have a duty to see to it that the fiduciary reins are assumed by a qualified successor? Physician giving medical examination to insurance applicant as agent of insured or of insurer, 94 A.L.R.2d 1389. Webunclean hands n. a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Estoppel: will equity help those with unclean hands? 1482. Note that the affirmative defense example above, where you sought verification and they brought suit without verifying, straddles this line. It should be noted that promissory estoppel is an equitable remedy. Rowe v. Cole, 171 Ga. 391, 155 S.E. Failure of creditor, or creditor's assignee, to secure credit insurance as affecting rights or liabilities of debtor, upon debtor's loss, 88 A.L.R.3d 794. So, for example, you may have heard that if you kill someone you are not allowed to inherit from them. Recourse at law or in equity of trust beneficiary who is dissatisfied with trustees proposed settlement with insurance company of property-damage claim. }CbU{3[])'|f7cZoVk Y=a3ik{&5 nG$]s[WU&oliJO3;CxI Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing. Co., 960 F.2d 1020, 1041 (Fed. Co., 157 Ga. App. courts. If the defendant can If the delay is unreasonable and your bank burns down, destroying proof of payment of a debt, for example, this might create a defense of laches. The clean hands doctrine, also referred to as unclean hands, or dirty hands doctrine, is an affirmative defense to a claim for equitable relief. Harris v. Abney, 208 Ga. 518, 67 S.E.2d 724 (1951) (decided under former Code 1933, 38-116); Cobb County Rural Elec. 119 (1937) (decided under former Code 1933, 38-116); Bennett v. Davis, 201 Ga. 58, 39 S.E.2d 3 (1946);(decided under former Code 1933, 38-116). Rev. THE LEGAL PROCESS. Could seeking judicial enforcement of a trust's no-contest clause implicate the state's anti-SLAPP statute? Hadden v. Stevens, 181 Ga. 165, 181 S.E. Motion to Strike Affirmative Defense of Unclean Hands The doctrine of unclean hands applies when (1) a party seeking affirmative relief (2) is guilty of conduct involving fraud, As you might imagine, allowing that idea its full sway could lead to some surprising, and very morally wrong, results. Historic Macon Station Ltd. Partnership v. Piedmont-Forrest Corp., 152 Bankr. Acceptance by building or construction contractor of payments under his contract as a waiver of right of action upon implied warranty as to conditions affecting cost, 173 A.L.R. WebAlthough the unclean hands doctrine is typically an affirmative defense asserted by a defendant, it may also be asserted by a plaintiff in opposition to an equitable defense WebUnclean Hands: Because laches and equitable estoppel are both judged in equity, Pine argued that Troxlers unclean hands should bar the company from relying upon those defenses. - If a person having legal title to land, which fact person does not know but has convenient means of knowing, and after a lapse of 27 years, during which time person was under no legal disability, person still has not learned the fact of the person's interest in the land, and in those circumstances the person induces one to buy the land from a third person by representations that the land is the property of such third person, the person's misrepresentations to the purchaser innocently made, coupled with the person's delay in ascertaining the truth, will amount to constructive fraud, and they may be pleaded as an estoppel by the purchaser on the faith of the title of the person's vendor.
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