LEGAL PRINCIPLE: EQUITY AND TRUSTS – Equitable Remedies – Clean Hands Doctrine in Granting Injunction
PRINCIPLE STATEMENT
The court will only grant a perpetual injunction at the suit of a plaintiff in support of a right known to law or equity; the conduct of a plaintiff must be taken into consideration in determining whether to grant an injunction; the plaintiff must come to equity with clean hands and if in breach of their own obligations, will not be granted an injunction; he who comes to equity must do equity.
RATIO DECIDENDI (SOURCE)
"The court will only grant a perpetual injunction at the suit of a plaintiff in support of a right known to law or equity. The conduct of a plaintiff must be taken into consideration in determining whether or not to grant an injunction. The plaintiff must come to equity with clean hands and if, therefore, he is in breach of his own obligations, he will not be granted an injunction. He who comes to equity must do equity."
EXPLANATION / SCOPE
Injunctions are equitable remedies subject to equitable principles. Requirements: (1) legal/equitable right supporting relief; (2) clean hands—plaintiff’s conduct is proper. The “clean hands” doctrine requires: plaintiff isn’t in breach of obligations, plaintiff’s conduct regarding the matter is proper, and plaintiff hasn’t acted inequitably. Courts deny injunctions to plaintiffs who: breached their own obligations in the transaction, acted improperly regarding the disputed matter, or seek equity while acting inequitably. “He who comes to equity must do equity” means: equity requires reciprocity, plaintiffs seeking equitable relief must themselves act equitably, and equity won’t aid wrongdoers. This applies particularly to perpetual injunctions (permanent relief) requiring: clear legal right, clean conduct, and equitable behavior. The doctrine serves: preventing unclean plaintiffs from obtaining equity, ensuring equitable remedies go only to deserving parties, and maintaining equity’s moral foundation. Courts assess: plaintiff’s conduct in the transaction, whether plaintiff breached obligations, and if plaintiff acted fairly. Even with proven rights: unclean hands deny injunction, plaintiff may be left to legal remedies (damages), and equity won’t assist improper conduct. This maxim enforces equity’s moral standards in granting discretionary relief.