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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."
Here contractual remedies cannot be enforced by a court on a defendant if it is manifest that the subject matter of the contract is either directly or by implication, contrary to public policy or in contradiction with any existing law or custom. A somewhat related concept in the law of contracts is the equitable defense of unclean hands.
The problem of dirty hands concerns whether political leaders and those in similar positions can ever be justified in committing even gravely immoral actions when "dirtying their hands" in this way is necessary for realizing some important moral or political end, such as the preservation of a community's continued existence or the prevention of imminent societal catastrophe.
In common law jurisdictions, a resulting trust is an equitable creation, rather than a common law concept. Consequently, equitable defenses like laches, unclean hands, and the duty to do equity may be recognized in some jurisdictions. For instance, if a transferor conveys property for an unlawful purpose and benefits from it, a court might rule ...
Unclean gloves, bare hands noted by restaurant inspectors in Hilton Head and Bluffton. Lisa Wilson. December 12, 2023 at 2:23 PM. Kondor83/Getty Images.
The unclean hands cases of Keystone Driller v. General Excavator, Hazel-Atlas v. Hartford, and Precision v. Automotive formed the basis for the doctrine of inequitable conduct that developed and evolved over time. [2]
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