What is the doctrine of unclean hands? This legal doctrine can seem complicated, but it is designed to protect the legal system’s integrity and prevent a party from using the courts to gain an unfair advantage over another.
If a person has committed a wrongful act and seeks to use the court to gain an advantage over the other party, the court may refuse to hear the case. The doctrine of unclean hands is an essential part of the legal system and can be broken down quite simply.
What is the Doctrine of Unclean Hands (AKA Dirty Hands or Clean Hands Doctrine)?
The doctrine of unclean hands, often referred to as the “dirty hands doctrine” or the “unclean hand’s doctrine,” is a legal code that allows a court to refuse to hear a case if the party bringing the case has committed a wrongful act.
In Florida contract law, the unclean hands doctrine could prevent a party from enforcing a contract if the party was guilty of fraud, deceit, or unconscionable conduct. Should you enter a contract with a business that you feel is dishonest, you may be able to use the unclean hands doctrine to stop the business from enforcing the agreement. In this case, it would not be considered one of the many types of breach of contract that the business could sue you for.
Should a business try to sue you for a breach of contract, then the doctrine of unclean hands could be one of many defenses to breach of contract that you could use to defend yourself. However, before taking this route, you should first seek advice from an attorney from Cueto Law Group, as this is a complex area of law.
It’s important to note that certain legal doctrines, like the doctrine of unclean hands, often interact with other laws depending on the nature of the dispute. For example, in consumer protection cases, the Florida cooling off period provides consumers with a specific window of time to cancel certain contracts without penalty, usually within 72 hours. While this period serves to protect consumers, invoking the unclean hands defense can sometimes complicate these protections if one party has acted improperly.
Unclean Hands Legal Definition
The legal term unclean hands refer to a party’s inequitable (unfair) conduct related to the matter in litigation. In other words, the doctrine of unclean hands is used to prevent a party from enforcing a contract if the party has committed a wrongful act.
The legal definition of the clean hands doctrine states that a party seeking to enforce a contract or seeking equitable relief must demonstrate that they are not guilty of any wrongdoing or misconduct.
When Can You Use the Unclean Hands Defense?
The unclean hands defense can be used to protect the rights of businesses, consumers, and the court system’s honor and integrity.
A defense of unclean hands can be used in any legal proceeding, although it is typically used in cases where one party feels they have been wronged and seeks to enforce a contract or seek fair and equitable remedies.
Depending on the case at hand, the unclean hands defense can be either an equitable defense or an affirmative defense.
Unclean Hands Equitable Defense
An equitable defense of unclean hands can be used to prevent a party from seeking equitable remedies. In other words, the equitable defense of unclean hands is used to prevent a party from using the court system to gain an advantage over the other party in cases involving fraud, misrepresentation, or other wrongful conduct. The goal here is to ensure that all parties are treated fairly and impartially.
Unclean Hands Affirmative Defense
If a party feels another party has wronged them, they can choose to use an affirmative defense of unclean hands to prevent the other party from trying to enforce a contract or to claim that a breach of contract has occurred. However, in this case, the party using the defense must show that the other party’s conduct has harmed them and that they have not engaged in any wrongful conduct themselves.
Motion to Dismiss for Unclean Hands
Should you be accused of wrongdoing and feel you have not engaged in any transgression, your attorney can file a motion to dismiss for unclean hands. This motion would be filed as a dismissal motion for failure to prove a necessary element of a claim or after you’ve proven that you have not engaged in any wrongful conduct.
Elements of Unclean Hands Defense
When seeking an unclean hands defense, your attorney must show that the other party’s conduct has harmed you. They will discuss several unclean hands elements to determine if this is the right course of action for your case.
Unclean hand elements that will be taken into consideration in a case include:
- Has the party in question not performed under the terms of the contract?
- Has the party in question engaged in any fraudulent act?
- Has the party in question lied with regard to the contract?
- Has the party in question coerced or otherwise forced you into a contract?
If the party in question has engaged in any of these, you may be able to use an unclean hands defense.
Need Help With Unclean Hands Law?
Here at Cueto Law Group, we specialize in Florida contract law and have developed a contract review checklist to help you determine if you have a case.
However, if you feel more comfortable speaking directly to an attorney about the situation, contact our team today for a free consultation.
Concluding Thoughts on the Unclean Hands Doctrine
If you feel as if you were done wrong by another party and/or have been forced into a contract or agreement that you disagree with, the doctrine of unclean hands could help you protect yourself and your rights. Your attorney will be able to explain your options and the best course of action for your case.
