Clean hands

This article is about the figure of speech in a law-based context. For the physical act of cleaning one's hands, see Hand washing. For other uses, see Clean hands (disambiguation).
For Wikipedia's "clean hands" dispute guideline, see WP:CLEANHANDS.
Contract law
Formation
Defences
Interpretation
Dispute resolution
Rights of third parties
Breach of contract
Remedies
Quasi-contractual obligations
Duties of parties
Related areas of law
By jurisdiction
Other law areas
Notes
Equitable doctrines
Doctrines
Defences
Equitable remedies
Related

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". The defendant has the burden of proof to show the plaintiff is not acting in good 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 by A. P. Herbert in Uncommon 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 equitable affirmative 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 the Fourth Lateran Council.[citation needed]

"He who comes into equity must come with clean hands" is an equitable maxim in English law.

  1. ^ "unclean hands doctrine definition". Businessdictionary.com. Archived from the original on 2020-09-21. Retrieved 2020-09-09.
  2. ^ Herbert, A. P. (1935). Uncommon Law (1st ed.). Methuen.
  3. ^ "Unclean Hands: Everything You Need to Know". UpCounsel. 2020-10-23. Retrieved 2022-11-04. ("Note that the plaintiff can also use the unclean hands defense. Specifically, the plaintiff could argue that the defendant isn't entitled to another type of defense due to his or her unclean hands")
  4. ^ "Unclean Hands Doctrine". Practical Law. 2022-09-15. Retrieved 2022-11-04. ("Although the unclean hands doctrine is typically an affirmative defense asserted by a defendant, it may also be asserted by a plaintiff in opposition to an equitable defense such as estoppel")