What is the equitable doctrine of unclean hands?

What is the equitable doctrine of unclean hands?

An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability or bad faith) related to the subject matter of that party’s claim.

Is unclean hands a legal term?

Unclean hands, also referred to as the clean hands or dirty hands doctrine, is a type of legal doctrine that operates as a defense to a complaint. If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiff’s complaint will be dismissed.

What are equitable defenses?

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.

What is equitable estoppel in law?

More simply put, equitable estoppel is generally words or conduct which cause another person to believe a certain state of things exists and to consequently change his or her position in an adverse way.

What is the equitable doctrine of laches?

Laches is an equitable defense, or doctrine. A defendant who invokes the doctrine is asserting that the claimant has delayed in asserting its rights, and, because of this delay, is no longer entitled to bring an equitable claim.

What are the 3 equitable remedies?

There are three types of equitable remedies: specific performance, injunction, and restitution.

Is Unconscionability an equitable defense?

The equitable doctrine of unconscionability is used to protect the vulnerable in the contracting process by setting aside “’unfair agreements [that] resulted from an inequality of bargaining power’” (at para 54, quoting (John D. McCamus, The Law of Contracts (2nd ed. 2012), at 424).

What is the meaning of the unclean hands doctrine?

The unclean hands doctrine is also known as the “clean hands doctrine” and the “dirty hands doctrine.” The unclean hands doctrine typically applies only to equitable claims such as requests for injunctive relief or specific performance, but some jurisdictions permit it as a defense to legal claims as well.

Can a business attorney use the unclean hands defense?

The unclean hands defense can be a complicated defense since both the plaintiff and the defendant are entitled to raise it. Therefore, if you are involved in a contract dispute, working with a local business attorney can help your claim.

Which is an example of the clean hand doctrine?

Examples of the Clean Hand Doctrine. For example, if a seller sues a customer for payments on a contract, defendant may claim plaintiff has unclean hands because he fraudulently induced him to sign the contract.

Can you use unclean hands in a child support case?

Certain fraudulent activity can also be a factor in awarding child support and the division of property. However, such a defense can’t be used in cases that result in legal damages, i.e., monetary awards. Note that the plaintiff can also use the unclean hands defense.