MBE Rules · Remedies
Unclean Hands
Unclean hands
The rule
Equity denies relief to a plaintiff whose misconduct relates directly to the transaction at issue; the doctrine bars equitable and (in California) some legal claims regardless of the defendant's own wrongdoing.
In plain English
The Unclean Hands doctrine prevents a plaintiff from obtaining equitable relief if they have engaged in unethical or wrongful conduct related to the issue at hand. This means that if the plaintiff's own actions are tainted, they cannot seek help from the court, even if the defendant has also done something wrong.
Worked example
Alice sues Bob for breach of contract, claiming he failed to deliver goods as promised. However, it is revealed that Alice had previously forged documents to secure the contract. Because Alice's misconduct is directly related to the transaction, her claim is denied under the Unclean Hands doctrine.
Memory hook
No relief for the morally dirty!
The trap
Exams often present scenarios where both parties have acted improperly, leading students to mistakenly believe that the defendant's wrongdoing can overshadow the plaintiff's unclean hands. Students must remember that the plaintiff's misconduct is a complete bar to equitable relief.
How examiners test it
Questions typically involve a fact pattern where the plaintiff's unethical behavior is revealed, prompting students to analyze whether the Unclean Hands doctrine applies to deny relief.
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