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Category

Equitable defenses

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fair use
limitation and exception to the exclusive right granted by copyright law to the author of a creative work
good faith
intention to be fair, open, and honest
estoppel
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particular claim. In common law legal systems, the legal doctrine of estoppel is based in both common law and equity. Promissory and proprietary estoppel are specific forms of estoppel reflecting distinct legal traditions within various jurisdictions. Estoppel is also a concept in international law.
impossibility of performance
excuse for the nonperformance of duties under contract law that makes performance of the contract literally impossible
waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege.
Laches
unreasonable delay by a plaintiff in bringing their claim
undue influence
an equitable doctrine that involves one person taking advantage of a position of power over another person
acquiescence
In law, acquiescence occurs when a person knowingly stands by, without raising any objection to the infringement of their rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement. The doctrine infers a form of "permission" that results from silence or passiveness over an extended period of time.
Interpleader
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred. It is often used to resolve disputes arising under insurance contracts, such as when a plaintiff with a personal injury claim has a dispute with medical providers over the payment out of a settlement for medical services provided to treat the plaintiff's injuries.
duress
exculpatory situation in law that results from coercion