Frequently Asked Questions

What is the concept of unclean hands in equitable defenses?

The concept of unclean hands is a crucial aspect of equitable defenses, a legal principle that is widely used in the U.S. court system. This principle is based on the idea of fairness and is applied when the remedy sought is "at law". The unclean hands defense is invoked when both the non-breaching party and the breaching party have committed the same type of breach. According to the principles of equitable defense, the party seeking relief cannot be in violation of the terms of the contract. In other words, a party who is considering seeking equitable remedy must ensure they have a clean record and have not violated the law. This concept is one of the most common equitable defenses, alongside laches. It is important to note that the area of equitable defenses is complex and can vary depending on the specifics of the contract and the nature of the breach. For instance, the defenses used in regard to the performance of a contract may differ from the defenses used for contract rescission. Therefore, it is highly recommended to consult a lawyer experienced in contract law to determine if an equitable defense is possible in a given situation.