Clean Hands Doctrine - Explained
An Equitable Remedy
Written by J. Mance Gordon
Updated at April 21st, 2024
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
-
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
What is the Clean Hands Doctrine?
The clean-hands doctrine gives the defendant in a civil chance a chance to argue against the claims of the plaintiff in cases where the plaintiff acts in bad faith or has acted unethically during the presentation of evidence. It is an equitable defense or assertion.
In such a case, the defendant would show, without doubt, that the plaintiff has acted in bad faith or unethically and therefore does not qualify under fairness or equity standards to prevail on a claim of action or receive a judgment.
This doctrine states that, those who seek equity must do equity and equity come before the court with clean hands. It simply means that those who are in the wrong side of the law might not receive equitable remedy in cases they present in court.
What are Equitable Remedies?
Equitable remedies refer to all other remedies awarded by a court other than payment of damages.
Courts of law in the United States have the power of law and equity. This means that, in addition to issuing judgments based upon the law, the court can employ theories of fairness and justice when administering a trial or issuing a verdict.
Equitable remedies may include injunctions, implied in fact contracts, promissory estoppel, and a host of other fairness-based remedies.
Related Topics
- Civil Litigation Procedure (Intro)
- What is a civil lawsuit or civil action?
- Who are the parties to a lawsuit?
- What is standing to sue?
- Venue
- What is personal jurisdiction?
- What is a class action?
- What are the pleadings?
- What is discovery?
- What is the scope of discovery?
- What are motions and how are they used?
- What are frivolous cases?
- Barratry
- What is the process of selecting a jury?
- What are the steps involved in a civil trial?
- What is the burden of proof in a civil trial?
- How is a civil trial decided?
- Adjudication
- Default Judgment
- Stipulated Judgment
- Equitable Defenses
- Equitable Relief
- Doctrine of Clean Hands
- Compensatory Damages
- Punitive Damages
- Replevin
- What is joint and several liability?
- Judgment Proof
- What is the process for appeal?
- Amicus Curiae Brief
- How do parties enforce a civil judgment?
- Levy
- Garnishment
- Writ of Attachment
- Writ of Execution
- Writ of Seizure and Sale
- Sheriff's Sale
- What is res judicata