DOCTRINE OF UNCLEAN HANDS

Oct 21, 2020

INTRODUCTION

According to this Doctrine, a person who comes to the court to seek jurisdiction is not allowed to approach the court with dirty hands. As per this Doctrine, whoever comes into equity must come with clean hands. It provides an equitable defence to the party who is engaged in inequitable behaviour like fraud, deceit or bad faith. The unclean hand's doctrine is also known as clean hands doctrine & dirty hand doctrine. The Principle is that if someone violates the equitable norms cannot seek claim defence or equitable relief based on the law of equity. The party who violates the equitable Principle, such as good faith is said to have unclean hands. This means that a fraudster should not draw any benefit from the situation where the law is used for something it forbids. It includes Latin saying "No one can take advantage of his wrong". 

ILLUSTRATION

Assuming that the defendant will not be able to fulfil their side of the deal, so the plaintiff breaks the contract with the defendant.

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Conclusion