Editing Clean hands

{{Short description|Doctrine used in law to show the plaintiff is not acting in good faith}}
{{About|the figure of speech in a law-based context|the physical act of cleaning one's hands|Hand washing|other uses}}
{{Self-reference|For Wikipedia's "clean hands" dispute guideline, see [[WP:CLEANHANDS]].}}
{{Contract law}}
{{Equitable doctrines}}
'''Clean hands''', sometimes called the '''clean hands doctrine''', '''unclean hands doctrine''', or '''dirty hands doctrine''',<ref>{{cite web |url=http://www.businessdictionary.com/definition/unclean-hands-doctrine.html |title=unclean hands doctrine definition |publisher=Businessdictionary.com |access-date=2020-09-09 |archive-date=2020-09-21 |archive-url=https://web.archive.org/web/20200921004642/http://www.businessdictionary.com/definition/unclean-hands-doctrine.html |url-status=dead }}</ref> is an [[Equity (law)|equitable]] [[Defense (legal)|defense]] in which the [[defendant]] argues that the [[plaintiff]] is not entitled to obtain an [[equitable remedy]] because the plaintiff is acting [[Business ethics|unethically]] or has acted in [[bad faith]] with respect to the subject of the [[complaint]]—that is, with "unclean hands". The defendant has the [[Legal burden of proof|burden of proof]] to show the plaintiff is not acting in [[good faith]]. 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]]'' by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court".<ref>{{cite book|title=Uncommon Law|url=https://archive.org/details/uncommonlawbeing0000herb|url-access=registration|edition=1st|date=1935|publisher=[[Methuen Publishing|Methuen]]|last=Herbert|first=A. P.|author-link=A. P. Herbert}}</ref>

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]]s.<ref>{{cite web | title=Unclean Hands: Everything You Need to Know | website=UpCounsel | date=2020-10-23 | url=https://www.upcounsel.com/unclean-hands | access-date=2022-11-04}} ("Note that the plaintiff can also use the unclean hands defense. Specifically, the plaintiff could argue that the defendant isn't entitled to another type of defense due to his or her unclean hands")</ref><ref>{{cite web | title=Unclean Hands Doctrine | website=Practical Law | date=2022-09-15 | url=https://content.next.westlaw.com/practical-law/document/Id4cf197ef3ad11e28578f7ccc38dcbee/Unclean-Hands-Doctrine?viewType=FullText&transitionType=Default&contextData=(sc.Default) | access-date=2022-11-04}} ("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")</ref> 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 Council of the Lateran|Fourth Lateran Council]].{{citation needed|date=February 2022}}

"[[maxims of equity#He who comes into equity must come with clean hands|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 some way 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 or 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.{{cn|date=August 2022}}

== Applications ==

===US patent law===
The clean hands doctrine is used in [[United States patent law|US 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.<ref>See, e.g., ''[[Morton Salt Co. v. G.S. Suppiger Co.]]''</ref>

== See also ==
* ''[[In pari delicto]]''
* [[Laches (equity)]]
* [[The pot calling the kettle black]]
* ''[[Tu quoque]]''

== References ==
{{Reflist}}

{{Authority control}}

[[Category:Equity (law)]]
[[Category:Equitable defenses]]
[[Category:English legal terminology]]
[[Category:Legal doctrines and principles]]
[[Category:Common law]]