Clean Hands Doctrine - Explained
An Equitable Remedy
Written by J. Mance Gordon
Updated at April 21st, 2024
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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.
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- Venue
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