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Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, [1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".
For example, in competitor-vs.-competitor lawsuits, the defendant may assert unclean hands if it believes the plaintiff has engaged in serious misconduct that relates to the subject of relief being sought. In other words, a "plaintiff must not behave inequitably with respect to the rights being asserted in the case."
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]
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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.
The California Assembly on Wednesday decided to let voters choose whether to overturn the state's 24-year-old ban of affirmative action programs — capping an emotional hours-long debate in the ...
Unclean hands. In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification – such as self-defense and defense of others or defense of property. In English law, one could raise the argument of a contramandatum, which was an argument that the plaintiff had no cause for complaint. [3]
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