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Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way.
In 1962, a California appellate court reiterated this rule by stating that the UCL extended "equitable relief to situations beyond the scope of purely business competition." [ 10 ] In 1977, the legislature moved the UCL to the California Business and Professions Code § 17200. [ 11 ]
Equitable defenses (1 C, 22 P) L. Legal immunity (4 C, 26 P) Pages in category "Defense (legal)" The following 16 pages are in this category, out of 16 total.
In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4]
This history has been crucial in shaping their application in case law, reflecting the values that have developed the equitable jurisdiction. [5] The transformation of these courts demonstrates the evolution of equity's doctrines and remedies, changes in its dominant nature and traits, and the influence of social and political environments on ...
California lawmakers this week passed some of the nation’s most ambitious legislation aimed at atoning for a legacy of racist policies that drove disparities for Black people, from housing to ...
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
equitable compensation; appointment or removal of fiduciary; interpleader; equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be ...