Unclean Hands Doctrine | Practical Law (2024)

FAQs

How do you prove unclean hands? ›

App. 1999), the party asserting the unclean hands defense must prove that the misconduct relates directly to the subject matter concerning which a particular claim is made. In other words, there must be a direct relationship between the misconduct and the claimed injuries.

unclean hands. n. a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit.

Proving the Defense

To prevail on an unclean hands defense, the defendant has the burden of showing that: (1) the plaintiff's conduct was not in good faith or was otherwise inequitable, and (2) that the conduct relates to the subject matter of the plaintiff's claims being asserted.

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.

Tortious interference occurs when an individual who is not a party to a contract intentionally interferes with the performance of a contract. The unclean hands doctrine is the fourth defense which is typically used against a breach of contract claim and will be discussed below.

In short, the “inequitable conduct” has to do with the validity of a patent, and the “unclean hands” doctrine has to do with the remedies that are available (or not) to the patent owner.

In order for the doctrine of coming to court with clean hands to apply, the plaintiff must have engaged in misconduct related to the subject matter of the case. This can include fraud, misrepresentation, or other unethical behavior.

The most common equitable remedies are money damages, specific performance, and rescission. Other remedies are not as standards, such as declaratory relief and injunctive relief. An equitable remedy is a legal remedy awarded to a party in an action or lawsuit when the court finds that the plaintiff has been wronged.

Technically, pari delicto is a subdivision of the equitable doctrine of unclean hands. Parties are in pari delicto when both have participated in the same illegal conduct.

As an example, when a defendant intentionally infringes on a trademark, the plaintiff may assert that under the unclean hands doctrine, that intentional infringer lacks the clean hands necessary to assert defenses of laches or acquiescence.

What is an estoppel defense? ›

Primary tabs. Estoppel is an equitable doctrine, a bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true. Estoppel may be used as a bar to the re-litigation of issues or as an affirmative defense.

The “beyond a reasonable doubt” standard is the highest standard of proof that may be imposed upon a party at trial, and it is the main standard used in criminal cases.

The clean hands doctrine is based on the maxim of equity which states that one “who comes into equity must come with clean hands.” This doctrine requires the court to deny equitable relief to a party who has violated good faith with respect to the subject of the claim.

The clean-hands doctrine is “[t]he principle that a party cannot seek equitable relief or assert an equitable defense if that party had violated an equitable principle, such as good faith. . . . Such party is described as having 'unclean hands.

Defenses in Unjust Enrichment

On occasion, there are instances that prevent one party from receiving restitution for unjust enrichment. Doctrine of unclean hands. The defense argues that the plaintiff should not receive an equitable remedy due to the plaintiff acting unethically or in bad faith.

As an example, when a defendant intentionally infringes on a trademark, the plaintiff may assert that under the unclean hands doctrine, that intentional infringer lacks the clean hands necessary to assert defenses of laches or acquiescence.

Matthew 15:20 American Standard Version (ASV)

these are the things which defile the man; but to eat with unwashen hands defileth not the man.