Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an
equitable defense
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense indus ...
in which the
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisd ...
argues that the
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
is not entitled to obtain an
equitable remedy because the plaintiff is acting
unethically or has acted in
bad faith
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which ...
with respect to the subject of the
complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
—that is, with "unclean hands". The defendant has the
burden of proof to show the plaintiff is not acting in
good faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...
. 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
''Uncommon Law'' is a book by A. P. Herbert first published by Methuen in 1935. Its title is a satirical reference to the English common law. The book is an anthology of fictitious law reports first published in ''Punch'' as ''Misleading Cases' ...
'' by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court".
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 defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's ...
s. 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
The Fourth Council of the Lateran or Lateran IV was convoked by Pope Innocent III in April 1213 and opened at the Lateran Palace in Rome on 11 November 1215. Due to the great length of time between the Council's convocation and meeting, many ...
.
"
He who comes into equity must come with clean hands" is an equitable maxim in English law.
Maxim
The maxim prevents those who have acted improperly in someway relating to the matter at hand from seeking a remedy or relief. Essentially, anyone with 'unclean hands', someone who has in some way contributed to their own injury, loss, or has in some other way acted dishonourably relating to the matter will be prevented by a court from remedy or relief regardless of how the adversary has treated them. The maxim protects the integrity of a court.
Applications
U.S. patent law
The clean hands doctrine is used in U.S. patent law to deny equitable or legal relief to a patentee that has engaged in improper conduct, such as using the patent to extend monopoly power beyond the claims of the patent.
[See, e.g., '' Morton Salt Co. v. G.S. Suppiger Co.'']
See also
* ''
In pari delicto''
*
Laches (equity)
*
Pot calling the kettle black
"The pot calling the kettle black" is a proverbial idiom that may be of Spanish origin, of which English versions began to appear in the first half of the 17th century. It means a situation in which somebody accuses someone else of a fault which ...
* ''
Tu quoque''
References
{{Authority control
Equity (law)
Equitable defenses
English legal terminology
Legal doctrines and principles
Common law