Legal Definitions - unclean hands

The legal term unclean hands refers to a principle, often called the clean hands doctrine, used in courts that deal with fairness and justice (known as "equity courts"). It means that if someone asks a court for a fair solution or remedy, they must not have acted improperly, unfairly, or unethically themselves concerning the very issue they are bringing to court. If their own conduct related to the dispute is found to be wrongful, dishonest, or in bad faith, the court may refuse to help them, even if they might otherwise have a valid claim. The underlying idea is that a party seeking justice must have acted justly themselves in the matter at hand.

Here are a few examples to illustrate this concept:

• Example 1: Business Deception

  A small tech company (Company A) sues a former employee for stealing trade secrets and using them to start a competing business (Company B). Company A seeks an injunction to stop Company B from operating and demands significant damages. However, during the legal process, it's revealed that Company A itself had previously engaged in unethical practices, such as secretly hacking into a different competitor's servers to gain market intelligence, using tactics similar to what they accuse the former employee of. The court might find that Company A has "unclean hands."

  Explanation: Company A's own history of similar unethical conduct (industrial espionage) directly relates to the issue of fair competition and intellectual property theft. Even if the former employee did steal trade secrets, Company A's prior wrongdoing in a similar context could lead the court to deny their request for an injunction or damages, as they are not coming to court with a morally sound position on the issue of unfair business practices.

• Example 2: Contract Fraud

  A homeowner (Mr. Davies) hires a contractor to build a custom deck. During the project, Mr. Davies secretly instructs the contractor to use cheaper, non-compliant materials than specified in the contract, promising to pay the difference "under the table" to avoid sales tax and reduce the overall cost. The contractor later walks off the job due to Mr. Davies's repeated failure to make agreed-upon payments for legitimate work. Mr. Davies then sues the contractor, demanding that the contractor complete the deck as per the original contract or pay damages.

  Explanation: Mr. Davies's attempt to defraud the tax authorities and pressure the contractor into using substandard materials constitutes "unclean hands." His dishonest conduct is directly related to the contract dispute he is bringing to court. A court might refuse to order the contractor to complete the work or award Mr. Davies damages because Mr. Davies himself acted improperly and fraudulently in the execution of the contract.

• Example 3: Misrepresentation in Property Dispute

  A landlord (Ms. Chen) sues a tenant for breach of lease and seeks to evict them, claiming the tenant made unauthorized alterations to the property. Ms. Chen also demands compensation for damages. However, it comes to light that Ms. Chen had previously misrepresented the property's zoning classification to the tenant when they signed the lease, knowing that the tenant intended to use the property for a business that was not permitted under the actual zoning, thereby inducing the tenant to sign the lease under false pretenses.

  Explanation: Ms. Chen's misrepresentation about the property's zoning, which directly impacted the tenant's ability to use the property as intended, demonstrates "unclean hands." Even though the tenant might have breached the lease by making alterations, Ms. Chen's own deceptive conduct in forming the lease agreement could lead the court to deny her request for eviction or damages, as she herself acted improperly in the transaction.