Unclean Hands Doctrine | Practical Law

Unclean Hands Doctrine | Practical Law

Unclean Hands Doctrine

Unclean Hands Doctrine

Practical Law Glossary Item 6-521-9533 (Approx. 3 pages)

Glossary

Unclean Hands Doctrine

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. The unclean hands doctrine is also known as the "clean hands doctrine" and the "dirty hands doctrine." The unclean hands doctrine typically applies only to equitable claims such as requests for injunctive relief or specific performance, but some jurisdictions permit it as a defense to legal claims as well.
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.
General immoral or corrupt conduct is not enough to warrant application of the unclean hands doctrine. To prevail, a party must demonstrate that its opponent engaged in inequitable behavior that is related to the subject matter of the litigation.
For more information on the unclean hands doctrine, see Practice Notes: