Doctrine of Dirty 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.
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