Key Takeaways

  • The unclean hands doctrine is an affirmative defense preventing a plaintiff from seeking equitable relief if they engaged in unethical or wrongful conduct related to the dispute.
  • The defendant must prove that the plaintiff’s misconduct is directly related to the subject matter of the case.
  • Courts apply the doctrine selectively, often requiring clear and convincing evidence of the plaintiff’s misconduct.
  • A motion to dismiss for unclean hands is typically used in contract disputes, fraud cases, intellectual property litigation, and family law matters.
  • The unclean hands defense is not a blanket remedy and is inapplicable to legal damages claims (monetary compensation).
  • A legal expert can help determine whether this defense is applicable and how best to assert it in litigation.

Unclean hands, also referred to as the clean hands or dirty hands doctrine, is a type of legal doctrine that operates as a defense to a complaint. If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiff’s complaint will be dismissed.

This defense is an affirmative defense that can be used by defendants; however, keep in mind that the defendant must prove the defense in order for the complaint to be dismissed. If a defendant does use this defense, he or she cannot put the plaintiff’s conduct at issue that is unrelated to the complaint. The unethical behavior that the plaintiff displayed must be in relation to the complaint itself.

What the Defendant Must Prove

The defendant has to prove that the plaintiff misled him or her in some way, or otherwise did something wrong regarding the matter. The conduct could be either legal or moral in nature.

This affirmative defense doctrine is usually applied in family law issues, particularly in issues regarding financial misconduct. Certain fraudulent activity can also be a factor in awarding child support and the division of property. However, such a defense can’t be used in cases that result in legal damages, i.e., monetary awards.

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.

Elements Required to Prove Unclean Hands

For the unclean hands defense to be successful, the defendant must establish key elements that courts typically require:

  1. Direct Relation to the Case – The plaintiff’s misconduct must be directly connected to the legal claims they are making. General bad behavior or unrelated unethical conduct is insufficient.
  2. Wrongful Conduct by the Plaintiff – The misconduct must involve fraud, deceit, unconscionability, or another act that violates principles of fairness.
  3. Impact on the Defendant or the Case – The plaintiff’s wrongdoing must have given them an unfair advantage or harmed the defendant.
  4. Equitable Nature of the Claim – The doctrine applies only to cases involving equitable relief, such as injunctions or contract rescission, and not purely monetary damages.
  5. Intentional or Reckless Conduct – The plaintiff must have knowingly engaged in wrongful behavior rather than committing a mere oversight or mistake.

Courts assess these factors on a case-by-case basis, making strong legal arguments essential when filing a motion to dismiss for unclean hands.

Equitable Remedies

The doctrine of unclean hands is available only for claims that involve some sort of equitable form of relief, which is a relief in which the court will require the defendant to perform an action of some kind. Some examples of remedies include:

  1. Injunctions
  2. Specific performance

When Courts Deny the Unclean Hands Defense

While the unclean hands doctrine is a powerful defense, courts will reject it under certain circumstances, including:

  • Minimal or Unintentional Wrongdoing – If the plaintiff’s misconduct is deemed minor, unintentional, or unrelated to the case, the defense is likely to fail.
  • Lack of Direct Impact on the Defendant – If the plaintiff’s actions did not create an unfair advantage or cause harm to the defendant, courts may dismiss the defense.
  • Public Interest Considerations – Courts may reject the defense if upholding it would contradict public policy, such as cases involving consumer rights or regulatory violations.
  • Defendant’s Own Misconduct – If the defendant has also engaged in unethical conduct related to the case, the court may find that neither party is entitled to equitable relief.

Understanding these limitations can help legal teams strategically decide when to assert the unclean hands defense.

How to Prove Unclean Hands

The requirements for proving unclean hands can vary depending on the state in which the contractual dispute is being heard. Generally, it isn’t required that the plaintiff engages in the same wrongful conduct as the defendant. If the defendant brings the unclean hands defense, then the plaintiff could also be found to have unclean hands even if that conduct isn’t identical to the wrongful conduct that the defendant engaged in.

For example, the plaintiff might bring a breach of contract suit against the defendant. However, if the plaintiff acted in bad faith when initially drafting the contract, then the defendant can raise the unclean hands defense, among other potential defenses.

Furthermore, the unclean hands defense usually has nothing to do with the moral character of the other party. Rather, it is specific conduct. If the defendant is simply indicating that the plaintiff is a bad person, then this is not enough to justify the affirmative defense. Furthermore, if the plaintiff engaged in wrongful conduct that had nothing to do with the contract itself, then this defense is not available. Only if the plaintiff engaged in wrongful conduct relating to the contract can the unclean hands defense be used. Overall, equitable terms like good faith and conscience are used to determine if the unclean hands doctrine is available.

Legal Precedents and Case Examples

Numerous cases illustrate how courts apply the unclean hands doctrine in different contexts. Here are a few notable examples:

  • Contract Law: A party suing for breach of contract was denied relief after evidence showed they misrepresented financial statements when entering the agreement.
  • Family Law: A spouse seeking a favorable property division lost their claim after it was revealed they hid assets during divorce proceedings.
  • Intellectual Property: A patent infringement case was dismissed when the plaintiff was found to have obtained the patent through fraudulent means.
  • Real Estate Disputes: A landlord attempting to evict a tenant based on a lease violation was blocked because they had previously violated the lease terms themselves.

By citing relevant case law, attorneys can strengthen their arguments when asserting unclean hands as a defense.

Examples of Unclean Hands Defense

Some examples that could be used for this defense include the following:

  1. Not performing under the contract
  2. Engaging in a fraudulent act or lying with regard to the contract itself
  3. Committing a tort or crime with regard to the contract, i.e., bribery
  4. Coercion or forcing someone to enter into the agreement
  5. Getting an offer or accepting a contract that related to violence, i.e., hurting someone physically in order to force them to sign the agreement

Filing a Motion to Dismiss for Unclean Hands

When raising an unclean hands defense, a defendant can file a motion to dismiss, arguing that the plaintiff’s wrongdoing invalidates their claims. The process typically involves:

  1. Drafting the Motion – The defense must outline specific allegations of the plaintiff’s misconduct and its direct connection to the case.
  2. Providing Evidence – Supporting documents, testimony, and case law citations are essential to establish unclean hands.
  3. Legal Arguments – The motion should cite precedents and legal standards that justify dismissal.
  4. Court Review – Judges assess whether the misconduct is substantial enough to warrant dismissal or if further proceedings are necessary.

Legal guidance is crucial when drafting and arguing such motions to ensure the strongest possible case.

Frequently Asked Questions

1. What does a motion to dismiss for unclean hands do? It asks the court to dismiss a plaintiff’s claims on the grounds that they engaged in wrongful conduct related to the dispute, making them ineligible for equitable relief.

2. Can unclean hands be used as a defense in all cases? No. The defense applies only to cases seeking equitable remedies, such as injunctions or contract rescission, not monetary damages.

3. How does a defendant prove unclean hands? The defendant must present evidence that the plaintiff engaged in fraudulent, dishonest, or unethical conduct directly related to the legal claims in the case.

4. Can both parties be guilty of unclean hands? Yes. If both parties engaged in wrongful conduct related to the dispute, the court may rule that neither party is entitled to relief.

5. Should I hire an attorney to file a motion to dismiss for unclean hands? Yes. Legal representation is crucial to effectively present the defense, gather necessary evidence, and navigate the court system. UpCounsel’s network of experienced attorneys can help evaluate your case and build a strong defense.

Do I Need to Hire a Lawyer?

Since this type of defense can be complicated, you might want to hire an experienced attorney who can help you determine if this defense is in fact available for you. Since this is a defense that can be raised by the plaintiff or defendant, you should work with an attorney who can assist you during the contract dispute. Furthermore, an attorney can help identify if you have any other defenses available to you.

If you need help learning more about the unclean hands doctrine, or if you are involved in a contractual dispute and need legal assistance and help identifying whether or not this defense is available, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.