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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. Traditionally equitable defenses were only available at the Court of Equity and not available at common law.
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
It allowed a bill of interpleader or a bill in the nature of interpleader to be made as an equitable defense in actions at law under Judicial Code §274b. Judicial Code §41(26)(e) Section 2 repeals the existing Federal Interpleader Act 44 Stat. 416 28 USC 41(26) (1934).
Equitable defenses (1 C, 22 P) E. Estoppel (19 P) T. English trusts law (1 C, 33 P) Pages in category "Equity (law)" The following 75 pages are in this category, out ...
Equitable recoupment is a judicially created defense most commonly applied in legal cases in the federal and state tax systems of the U.S.. [1] [2] This doctrine can allow, under specific circumstances, the government to defeat a refund claim or a taxpayer to avoid an assessment on the basis of a past underpayment or overpayment that is outside the statute of limitations period.
It is an unreasonable delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations, a statutory defense, which traditionally is a defense to a claim "at law".
Following the British codification of the law in India, equitable principles were embedded in the judicial frameworks of the courts. [56] The courts have relied on equity "as a source of law to devise a new principle in a situation where the statute or codified law had no answer to a given situation". [57]
In 1936 the Federal Interpeader Act was again repealed and replaced by the Federal Interpleader Act of 1936, 49 Stat. 1096, approved Jan. 20, 1936, drafted by Zechariah Chafee which codified it in as United States Judicial Code §41(26), and established the modern statutory interpleader allowing suite to be brought by any person, firm ...