equitable defense

equitable defense
A defense which recognized by courts of equity acting solely upon the inherent rules and principles of equity, altogether outside and independent of those rules and defenses which obtain in a court of law. Kelly v Hurt, 74 Mo 561, 565, 569. A concept of little significance in most jurisdictions, modern rules of practice permitting the pleading in an action of defenses either legal or equitable. 27 Am J2d Eq § 19.

Ballentine's law dictionary. . 1998.

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  • equitable defense — Formerly, a defense which was only available in a court of equity. With the procedural merger of law and equity however, equitable defenses can be raised along with legal defenses in same action. Fed.R. Civil P. 8 …   Black's law dictionary

  • equitable defense — Formerly, a defense which was only available in a court of equity. With the procedural merger of law and equity however, equitable defenses can be raised along with legal defenses in same action. Fed.R. Civil P. 8 …   Black's law dictionary

  • defense — de·fense /di fens, dē ˌfens/ n 1: the act or action of defending see also self defense 2 a: the theory or ground that forms the basis for a defendant s opposition to an allegation in a complaint or to a charge in a charging instrument (as an… …   Law dictionary

  • equitable — eq·ui·ta·ble / e kwi tə bəl/ adj 1: having or exhibiting equity: dealing fairly and equally shall allocate...appropriations in an equitable manner U.S. Code 2: existing or valid in equity or as a matter of equity as distinguished from law an… …   Law dictionary

  • defense — That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks. That which is put forward to diminish plaintiffs cause of action or …   Black's law dictionary

  • defense — That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks. That which is put forward to diminish plaintiffs cause of action or …   Black's law dictionary

  • Equitable servitude — Property law Part of …   Wikipedia

  • equitable plea — A plea in an action at law which presents an equitable defense. See equitable defense …   Ballentine's law dictionary

  • equitable — adjective Date: 1598 1. having or exhibiting equity ; dealing fairly and equally with all concerned < an equitable settlement of the dispute > 2. existing or valid in equity as distinguished from law < an equitable defense > Synonyms: see fair •… …   New Collegiate Dictionary

  • Défense des droits des hommes — A Vindication of the Rights of Men Page de titre de la seconde édition de A Vindication of the Rights of Men, la première à porter …   Wikipédia en Français

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