| Contract law |
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| Formation |
| Defences |
| Interpretation |
| Dispute resolution |
| Rights of third parties |
| Breach of contract |
| Remedies |
| Quasi-contractual obligations |
| Duties of parties |
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| Related areas of law |
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| Otherlaw areas |
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| Equitable doctrines |
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| Doctrines |
| Defences |
| Equitable remedies |
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Clean hands, sometimes called theclean hands doctrine,unclean hands doctrine, ordirty hands doctrine,[1] is anequitabledefense in which thedefendant argues that theplaintiff is not entitled to obtain anequitable remedy because the plaintiff is actingunethically or has acted inbad faith with respect to the subject of thecomplaint—that is, with "unclean hands". The defendant has theburden of proof to show the plaintiff is not acting ingood faith. The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". This is a matter of protocol, characterised byA. P. Herbert inUncommon Law by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court".[2]
A defendant's unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitableaffirmative defenses.[3][4] In other words, 'unclean hands' can be used offensively by the plaintiff as well as defensively by the defendant. Historically, the doctrine of unclean hands can be traced as far back as theFourth Lateran Council.[citation needed]
"He who comes into equity must come with clean hands" is an equitable maxim in English law.
The maxim prevents those who have acted improperly in some way relating to the matter at hand from seeking a remedy or relief. Essentially, anyone with 'unclean hands', someone who has in some way contributed to their own injury or loss, or has in some other way acted dishonourably relating to the matter will be prevented by a court from remedy or relief regardless of how the adversary has treated them. The maxim protects the integrity of a court.[citation needed]
The clean hands doctrine is used inUS patent law to deny equitable or legal relief to a patentee that has engaged in improper conduct, such as using the patent to extendmonopoly power beyond the claims of the patent.[5]
