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Coercion or forcing someone to enter into the agreement, 5. The Defendant can argue that the Plaintiff has no grounds to obtain relief because he has acted unethically or in bad faith with respect to the subject of the complaint. Furthermore, the unclean hands defense usually has nothing to do with the moral character of the other party. The defendant must show that plaintiff misled the defendant or has done something wrong regarding the matter under consideration. 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. The unclean hands doctrine, flexible in ap-plication, permits a court to exercise broad discretion to deny relief to a litigant who has acted in an unconscionable way that "has im-mediate and necessary relation to the matter that he seeks in respect of the matter in litiga-tion." In this case, it would not be considered one of the many types of breach of contract that the business could sue you for. The clean hands doctrine is a rule of law that someone bringing a lawsuit or motion and asking the court for equitable relief must be innocent of wrongdoing or unfair conduct relating to the subject matter of his/her claim. The conduct could be either legal or moral in nature. Unclean Hands Doctrine An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability or bad faith) related to the subject matter of that party's claim. Submitted: 2 day ago. (Id, at p. The court ordered the tests performed. For example, if a seller sues a customer for payments on a contract, defendant may claim plaintiff has unclean hands because he fraudulently induced him to sign the contract. The defendant has the burden of proof to show the plaintiff is not acting in good faith. bottom of page . Mains v. City Title Ins. An apparent consent is not real or free when obtained through fraud. Mains v. City Title Ins. 2 CA Decision penned by Associate Justice Agustin S. Dizon, with Associate Justices Regalado E. Maambong and Cecilia C. Librea-Leagogo concurring, dated 26 June 2008, p. 5; rollo, p. 51. The clean hands doctrine is based on the maxim of equity which states that one "who comes into equity must come with clean hands." This doctrine requires the court to deny equitable relief to a party who has violated good faith with respect to the subject of the claim.The purpose of the doctrine, as explained in Colby Furniture Company, Inc. v. Belinda J. Overton is to prevent a party from . 280 [81 P. 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. 11-cv-00499-MSK, 2011 WL 5834688, at *5 (D. Colo. Nov. 21, 2011). The common law clean hands doctrine was codified and included in the Family Law Act. Free Credit Repair Letters to Fix Your Credit, How to Use a Secured Credit Card to Rebuild Credit, Credit Builder Loans: How They Work & How to Get One, Everything You Need to Know About the 3 Major Credit Reporting Agencies, The Most Frequently Asked Questions About Credit Repair, 8 Things You Should NEVER Reveal to Debt Collectors, Second Chance Banks: How to Get an Account Today. 3rd he rented the house to another party, the Bovets. Our team is committed to helping Employees Statewide, For nearly a decade True Legal Group has been a donating partner to charities nationwide. Then, Darcy the attempted to evict Andre. Elijahs son Joseph forged their signatures on a deed granting the property to McIntyre. The unclean hands doctrine typically applies only to equitable claims such as requests for injunctive relief or specific performance, but some jurisdictions permit it as a defense to legal claims as well. [5], This article is about the figure of speech in a law-based context. If youve suffered wrongdoings in the workplace, youll need a special litigator of employment law, with over 15 years of experience, resources, and expertise in and out of the courts to get you the best possible settlement.View Profile, More than $10 million in verdicts & settlements for our clients, True Legal Group is Here for you 7 days a week. Specifically, the plaintiff could argue that the defendant isnt entitled to another type of defense due to his or her unclean hands. Unclean Hands Legal Definition The legal term unclean hands refer to a party's inequitable (unfair) conduct related to the matter in litigation. Sometimes stated as "he who comes into equity must come with . And even where a finding of unclean hands is factually established, a court may still refuse to apply the doctrine if a manifest injustice will result. App. Therefore, plaintiffs unrelated corrupt actions and general immoral character would be irrelevant. The maxim protects the integrity of a court. . Sign up to our monthly newsletter for useful articles, tips, and tricks for boosting your credit score. "These are some of the dirtiest hands we have seen."California's Second District Court of Appeals wasn't talking about in In re the Marriage of Boswell was not referring to literal dirty hands, but about the family law doctrine of "unclean hands," a principle that in this case cost a divorced spouse more than $92,000 in unpaid child support. Jimmy contends that the "unclean hands" doctrine prevents a payor from obtaining a modification if he is in arrears, unless a payor proves his inability to pay. Has the party in question coerced or otherwise forced you into a contract. photos: See . 9M,JK>p!4&W[0M_zZy)Z9\%I~KFhi*coG8=S? The parties then stipulated that Robert was Brandie's natural father. Certain fraudulent activity can also be a factor in awarding child support and the division of property. Further, Candie has waived the right to raise this issue [157 Cal. If the defendant brings the unclean hands defense, then the plaintiff could also be found to have unclean hands even if that conduct isnt identical to the wrongful conduct that the defendant engaged in. (4) This conduct affected the balance of equities between the litigants in such a way that, in light of plaintiffs conduct, plaintiff should not be permitted any remedy against defendant in equity. unclean hands n. a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. She posits several theories in support of her position. Third Floor 8 10415.00002/53340 Santa Monica, CA 90401 Tel: (310) 566-9800 Fax: (310) 566-9884 *pro hac vice Attorneys for . Approximately two and one-half years after Brandie was born, Candie applied for public assistance. (D'Amico v. Board of Medical Examiners (1974) 11 Cal. (Code Civ. "He who comes into equity must come with clean hands" is an equitable maxim in English law. 16 0 obj Among other things, the complaint prayed for a formal declaration that Robert was Brandie's natural father and that he pay child support. <>/ExtGState<>>> Although Candie fails to cite these cases in her appellate brief, we will discuss their bearing on the issues on appeal because the trial court squarely confronted the split in authority which they represent. Your attorney will be able to explain your options and the best course of action for your case. Here, the court found that Andre knew about the problems yet sought to line his own pockets while title remained in question. Robert cited another, later New York case for the opposite [157 Cal. Supporting and opposing papers were filed by each side. You should consult an attorney for advice regarding your individual situation. The equitable defense of "unclean hands" is often raised but rarely proven. He. Some examples that could be used for this defense include the following: 2. Frequently Asked Questions About Credit Reports & Credit Scores, 6 Simple Ways to Optimize Your Credit Score, The Difference Between VantageScore and FICO. Unclean Hands (Affirmative Defense) 1,881. Goodenough proves that Hardnose had shown her faked estimates from subcontractors to justify his original bid to Goodenough. 1941) The Fundamental Principles or Maxims of Equity, 399, p. coming into court with unclean hands. The California Court of Appeals decided in an unpublished opinion this month that a worker who presents false documents to an employer is barred from claiming wrongful discharge under state discrimination laws and public policy. 870.) Hire the top business lawyers and save up to 60% on legal fees. Importantly, the affirmative defense of unclean hands applies only to equitable [claims for relief]. Id. Whether youre a California part-time worker or a executive, True Legal Group can help. x)*}gZ)EoGPdXnT }GAl]-j nJ 3^8fl^nrt95Q Rj0"W!BMu`7LlkhZE{FJLHF `Gk=7 /b[\bm The unclean hands doctrine typically applies only to equitable claims such as requests for injunctive relief or specific performance, but some jurisdictions permit it as a defense to legal claims as well. The Defendant can argue that the Plaintiff has no grounds to obtain relief because he has acted unethically or in bad faith with respect to the subject of the complaint. The wrongful conduct may be of a legal or moral nature, as long as it relates to the matter in issue. or contact us to discuss your claims in detail. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. Simply stated, the plaintiff cannot recover for breach of contract if his own hands are dirty (i.e. Category: Family Law. 3d 288, 297 [126 Cal. A finding of unclean hands, the argument goes, requires that the court decline jurisdiction and dismiss the action. Andre, another son and Josephs half brother, then proceeded to seize control of the house, as follows: 1st- he recorded a mechanics lien for $75,000, though he was neither a contractor nor gave notice of the lien, making it defective; True Legal Group makes donations to various non-profit groups on a weekly basis. An issue at hand is standing (which is essentially the right to sue). In addition, the California Supreme Court announced that the defense of recrimination in divorce law is a derivative of the unclean hands defense. And while frequently I have seen courts rightfully, enforce orders, judgments and agreements, I have rarely seen courts cite the doctrine as a basis for the decision, even when I have briefed it. App. 138]. cJLj?.Te;>QuM#vx1$Bx7 KSyBQLfNEJ9w67i0q@b02E$2w74+q8?YN16C_,pn aQ,R?>h&Dp856r1A\=n2'R,y!bJl93g}*b*(f_Wq,ve..`[cd|{L;Ew'V^i_?Kx_z{qtw3Nsn/noD>3|>,Ky2= . 881]. Fighting for Your Rights is What We Do! They will discuss several unclean hands elements to determine if this is the right course of action for your case. The same thing applies to your family law case. 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. Furthermore, if the plaintiff engaged in wrongful conduct that had nothing to do with the contract itself, then this defense is not available. of Pub. The parties to the transaction with which we are concerned here are Brandie and Robert. Thereafter, the court found Robert to be Brandie's natural father and ordered Robert to pay support payments. This doctrine was adopted as part of the British and Anglo-Saxon law that the founders of our country kept. ("In California, the doctrine of unclean hands may apply to legal as well as equitable claims and to both tort and contract remedies." (internal citation omitted)). 1971) Appeal, 276, pp. AFFIRMATIVE DEFENSES First Affirmative Defense (Unclean Hands) 39. California Rules of Court, rule 8.1115 (a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115 (b). 2018) Never do this: sabotage a court-ordered mediation. ), Candie's second argument in support of the application of the clean hands doctrine likewise must fail. ; State id Bank of Geneva v. Defendant, Robert D., is the father of Brandie W., a minor. In some cases, a parent might withhold child support if the other parent does not cooperate in time-sharing with the children. <>stream Therefore, the court did not abuse its discretion when refusing to apply the doctrine in this manner. Injured? App. 379, 384, 337 S.E.2d 137, 141 (1985). A court of equity will not decide issues of fairness and justice if it is shown that the person asking for such justice has acted wrongly in regard to the issue at hand. Candie argues that Robert has technically admitted to statutory rape by acknowledging fatherhood, therefore coming before the court with unclean [157 Cal. 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. Candie opposed Robert's requests. By doing so the unclean hands doctrine protects both the . If formal discovery has been conducted and you possess the relevant evidence, you may seek a summary judgment by way of a motion. The "unclean hands" doctrine is a doctrine that prevents one party to a lawsuit from receiving a particular outcome to a case because that party has also engaged in bad behavior. The Doctrine of Unclean Hands Two wrongs do not make a right. 1, 28.) fn. Although "unclean hands" is often seen as an affirmative defense, it is not, like most affirmative defenses, something that only the . Ask Your Own Family Law Question. November . The answer to that question is yes, you can. 0. This would be the doctrine of unclean hands, arguing that the other parent didn't cooperate in time sharing and that is why child support was withheld. Rptr. 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. 1999)). The court stated by noting that a forged deed is a nullity, even as to bona fide buyers, but a partys conduct may estop the party from asserting that the deed was forged. 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. A party who has violated an equitable principle, such as good faith, is described as having "unclean hands."The clean-hands doctrine is invoked when a party . 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. But the case fell apart on the grounds of "unclean hands," an allowable defense used to restore equity in cases where the plaintiff may lack a sense of irony. We have significant trial experience if your case should go to court and our employment law practice is well respected by our peers and opponents. 610, 637 (Bankry.C.D.Cal. However, this defense may not be used to put in issue conduct of the plaintiff unrelated to plaintiffs claim. 3d 1, 19 [112 Cal. What You Should Know About Identity Theft. Unclean hands is a defense used in courts, in which a party claims the other side in not able to obtain relief because he comes to court with unclean hands- he has acted in bad faith or unethically. 2d 572, 577 [51 Cal. Boisvert, supra, the rule of "unclean hands" was applied because plaintiff and defendant had deserted their respective spouses, come to California as husband and wife, and plaintiff deeded to defendant the realty subject of the action for the purpose of defrauding his lawful wife. Corp., 2010 WL 3522409, at *3 (D. Colo. Aug. 11, 2010) (citing In re New Valley Corp., 181 F.3d 517, 523 (3d Cir. When it comes to receiving the highest settlement possible for your case, hire an employment attorney who knows the law & has helped recover millions for wrongfully terminated, sexually harassed, whistleblowers, and more. Should I Buy or Lease My New Car? Statute of Limitations for violation of a CC&R provision, architectural guideline, or rule is 5 years from the time the board discovers the violation or, through the exercise of reasonable diligence, should have discovered the violation. True Legal Group is a leading employment law office practicing throughout the state of California and has been partners with the nations largest and most prominent employment law firmsrepresenting only employees. Therefore, any bias, if indeed any was present, was harmless. In her arguments below, Candie cited as authority for her position a case from New York. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Depending on the case at hand, the unclean hands defense can be either an equitable defense or an affirmative defense. Glenn M. Kottcamp for Defendant and Respondent. About six months later, allegedly after Candie refused to let Robert continue visits with Brandie, Robert filed a motion for joint custody and reasonable visitation rights. Concluding Thoughts on the Unclean Hands Doctrine, not guilty of any wrongdoing or misconduct, The Benefits of Proactive Legal Strategies Over Reactive Ones | Legal Department Solutions. Show More. . It was further ordered that Brandie be issued a new birth certificate changing her last name to Robert's last name and listing Robert as her natural father. The doctrine of after-acquired evidence refers to an employer' s discovery, after an allegedly wrongful termination of employment or refusal to hire, of information that would have justified a lawful termination or refusal to hire. Unclean hands is a common affirmative defense pleaded by defendants and must be proved by the defendant. The maxim prevents those who have acted improperly in some way relating to the matter at hand from seeking a remedy or relief. 183444, 12 October 2011. If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiff's complaint will be dismissed. This is a matter of protocol, characterised by A. P. Herbert in Uncommon Law by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court". [1b] We do hold, however, that under facts such as those before us, it is not in the best interests of the child to apply the clean hands doctrine to prevent the biological father from visitation with his child. See DeBurgh v. Law360 (March 7, 2019, 1:47 PM EST) --. The unclean hands doctrine may also be referred to as the dirty hands doctrine. It Matters Which Debts You Pay First. 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. Robert and Candie have never been married or lived together. We decline the opportunity to summarize the history of those rights as they have evolved under California and federal law. Such relief is usually sought in the form of specific performance, or an injunction. It was later stipulated that both parties would submit to blood tests to determine if Robert was "medically excluded from the possibility of paternity" of Brandie. "The doctrine of unclean hands is unique to equity and has no analog at law. [Crim. The unclean hands doctrine dates to a time when one might petition the king to order a remedy to right a wrong. Code 3517. (Womack v. Womack (1966) 242 Cal. Typically the burden of proof rests with the person who is being . 984].) To Idallege the defense of unclean hands, the defendant must plead: (1) misconduct by the plaintiff that amounts to fraud or bad faith, (2) made toward the defendant, and (3) related to the subject matter of the litigation. Essentially, anyone with 'unclean hands', someone who has in some way contributed to their own injury, loss, or has in some other way acted dishonourably relating to the matter will be prevented by a court from remedy or relief regardless of how the adversary has treated them. Code . (2 Pomeroy, A Treatise on Equity Jurisprudence (5th ed. The doctrine of unclean hands is an affirmative defense that "prevents one who has engaged in improper conduct regarding the subject matter of the cause of action, to pursue the claim at issue." Sender v. Mann, 423 F. Supp. Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint that is, with unclean hands. [Technorati J64A92HRG74M] The rule is sometimes stated those seeking equity must do equity or equity must come with clean hands. Everything You Need to Know. Can the "doctrine of unclean hands" be used in family court as a way to render a fraudulent back child support judgment as unenforceable in Arizona? Only if the plaintiff engaged in wrongful conduct relating to the contract can the unclean hands defense be used. 3d 1021, 1025 [199 Cal. She seeks to use this section as an affirmative defense against Robert's motion for visitation and custody. A legal doctrine is a defense to a complaint that states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. . California Court Applies Unclean Hands Doctrine to Bar Wrongful Discharge Claim of Undocumented Worker. 668].). We work around the clock to provide legal services to employment victims that are experiencing damages as a result of their employer throughout the state of California. Affirmative Defenses to Breach of Contract California, Breach of Contract Defenses: Everything you Need to Know, Necessity in Criminal Law: Criminal Defense. B. Unclean Hands Next, the plaintiffs assert that this action is properly heard in state court, and not in federal court, because the defendant has unclean hands. If that is the case, the litigant may be barred from relief by what the law calls "unclean hands". What is the Fair Debt Collection Practices Act (FDCPA)? Good Debt vs. Bad Debt. 2d 1155, 1167 (D. Colo. 2006). It is an affirmative defense that the defendant may claim the plaintiff has "unclean hands". Want High Quality, Transparent, and Affordable Legal Services? The doctrine of unclean hands is based on OCGA 23-1-10, which provides that "[h]e who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action." "The unclean-hands maxim which bars a complainant in equity from obtaining relief has reference to an . 354 Pacific . Less than a year later, in LaCroix v. Deyo (1981) 108 Misc.2d 382 [437 N.Y.S.2d 517], a different New York family court refused to apply the clean hands doctrine to bar a putative father's cause of action in a case where the mother became pregnant prior to reaching the age of consent. (b).). That [ name of plaintiff] and [name of defendant] have substantially equal economic strength; 2. Thus, if a defendant can show the plaintiff had unclean hands, the plaintiffs complaint will be dismissed or the plaintiff will be denied judgment. Unclean hands, also known as the clean hands doctrine or dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to receive an equitable remedy because he is acting unethically or acting in bad faith concerning the subject of the complaint, which is, with unclean hands. Only use unclean hands when you haveevidencethat the other side in your lawsuit has done something illegal or immoral during the course of suing you or defending against a lawsuit brought by you. (Pon v. Wittman (1905) 147 Cal. What Does It Mean to Be Party to a Lawsuit. The contact form sends information by non-encrypted email, which is not secure. Heres Why. Unclean Hands; Unconscionability; Unconstitutional; Undue Burden; Undue Influence; Unjust Enrichment . The doctrine of unclean hands is an affirmative defense that prevents one who has engaged in improper conduct regarding the subject matter of the cause of action, to pursue the claim at issue. Sender v. Mann, 423 F. Supp. 3d 112] the complaint, the district attorney alleged that Robert was the father. This case presents no exception to the general rule that application of the doctrine of unclean hands is a question of fact. XAYaO>%rHWCZf)9o||Da txX]AsAL*.ji~;)#9C2u^jw-K,w}s1!&C%f('` h . 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. 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. Copyright 2023 | Cordus Partners, LLC | All Rights Reserved, Follow These 7 Steps Before Paying an Old Debt. In Robert's answer, he denied his fatherhood. 786, 520 P.2d 10]. Rptr. ( Salas v. Sierra Chemical Co. (2014) 59 Cal.4th 407, 428 [173 Cal.Rptr.3d 689, 327 P.3d 797].) 336 (b); Pacific Hills HOA v. Our own research has likewise been unfruitful. Posted on Jan 4, 2017. The clean-hands doctrine is the principle that a party's own inequitable misconduct precludes recovery based on equitable claims or defenses.The doctrine requires that a party act fairly in the matter for which they seek a remedy. Plaintiffs' claims are barred by the doctrine of waiver. 280 [81 P. For this reason, Jimmy claims that the doctrine of "unclean hands" does not apply to him because he has shown an inability to pay by filing petitions to modify from 1995 until 2000. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. [Technorati J64A92HRG74M] The rule is sometimes stated "those seeking equity must do equity" or "equity must come with clean hands". In Hines v. Sullivan (1980) 105 Misc.2d 288 [431 N.Y.S.2d 868], the court held that a putative father was precluded from bringing a cause of action under New York law because the "basis of his claim of paternity rest[ed] upon his own wrongdoing." 541, 496 P.2d 453]; People v. Johnson (1983) 151 Cal. Planning&ZoningCommis-sion,57Conn.App.797,801,750A.2d507(2000).''When. What is the Legal Doctrine of Unclean Hands in California? endobj State-by-State Guide to the Statute of Limitations on Debt. When Can You Use the Unclean Hands Defense? 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. Brown & Charbonneau, LLP. San Luis Obispo Office. [citation needed], The clean hands doctrine is used in U.S. patent law to deny equitable or legal relief to a patentee that has engaged in improper conduct, such as using the patent to extend monopoly power beyond the claims of the patent. Engaging in a fraudulent act or lying with regard to the contract itself, 3. A complaint against Robert was filed in the Superior Court of Fresno County. Samuelson v. Ingraham (1969) 272 Cal.App.2d 804. Indeed, it is questionable if the clean hands doctrine has any application to the facts before us. The unclean hands doctrine is also known as the "clean hands doctrine" and the "dirty hands doctrine." You can explore additional available newsletters here. Sign up for our free summaries and get the latest delivered directly to you. Civil Code section 3517 states that "No one can take advantage of his own wrong." The doctrine is often stated as those seeking equity must do equity or equity must come with clean hands.. Should I Hire A Credit Repair Company or Do It Myself? An unclean hands defense must be directly tied to the plaintiff's . App. No. Court of Appeals of California, Fifth Appellate District. Post not marked as liked. Our employment attorneys and legal experts have successfully handled all types of labor and employment lawmatters for many employees statewide. 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. The clean hands doctrine, also referred to as "unclean hands," or "dirty hands doctrine," is an affirmative defense to a claim for equitable relief. 402 W BroadwaySuite 400 San Diego, CA 92101, 473 E Carnegie DrSuite 200San Bernardino, CA 92408, 11400 W Olympic Blvd#200Los Angeles, CA 90064, 1100 Town and Country RdSuite 1250 Orange, CA 92868, 333 University Ave. Suite 200Phoenix, AZ 85013, 1390 Market StSuite 200San Francisco, CA 94102, Business HoursMon-Fri: 6:30am8pmSat: 8am-6pmSun: 8am-5pm. Any unconscionable conduct that relates to the transaction may give rise to the defense of unclean hands and bar relief.