Clean Hands

 

THE DOCTRINE OF CLEAN HANDS .

           “Fraus omnia corrumpit”, 

¶ “The fraud corrupts everything”, 

¶ Meaning that the fraudster could not benefit the situation forbidden by the law. 

¶ A founding principle of lstin law, 

¶ The cardinal principle of the doctrine of clean hands, 

¶ Known as the “dirty hand doctrine”. 

¶“No one can take advantage of his own wrong”, which has kind of the same consequences. 

¶The scheme is to prevent a litigant from diverting the law in his favour  to obtain a specific result. 

¶ It punishes the illegal conduct of the plaintiff to prove to be clean hands. 

¶ Bona fides, in Latin, describes the sincerity of a party throughout trial

¶ It may culminates in a contra legem decision if it is in line with good faith. 

¶ EQUITY has dominating role in Public International Law. And thus, good faith and the doctrine of clean hands find their preferred field in this branch of law.

When hands “dirty

√ To withhold certain information that would be useful for the other party. 

√ Good faith is an obligation that is implied in any contract or convention. 

√ If someone subverts a rule of the convention, it must justify the fact of not of dirty hands.

√No exclusion of some remedies, 

√It does not  exclude all remedies for the dishonest claimant. 

√It only affects equitable remedies. 

√No effect on remedies enforced by Law. 

√ It has no effect on equity. 

√ The claim that is rejected on the foundation of the doctrine of clean hands…

√ Must have a close connection to the unfair behaviour.

Refusal of Remedies. 

¶ Equitable remedies that can be refused to the claimant :-

          * injunctions, 

           * laches (abuse in the delay to demand a remedy), 

          * equitable damages, and 

          *constructive trust.

* Courts don’t take care of any depravity.

* Bad faith can never be presumed, it must be proven by the party alleges. 

* Plaintiff must prove that the defendant knew this acting was unfair.

* Bad faith implies that the accused party was conscious of the wrongdoing.

Diagnosis of BAD FAITH. 

*A gigantic uncertainty to prove doctrine of dirty hands.

* It may be impossible to prove that the other party knew the unfair use of law and caused prejudice to the other party. 

* The misconduct alone can’t establish the dirty hands. 

* Its integration in the jus cogens is still uncertain. 

* The maxim “Nullus Commodum Capere Potest De Injuria Sua Propria“No one can take advantage of his own wrong” is cornerstone of equity.