He Who Seeks Equity

The principle 'He Who Seeks Equity' posits that a party seeking equitable relief must come to court with clean hands, meaning they must not be guilty of any wrongdoing concerning the subject of their claim. This maxim emphasizes the importance of fairness and integrity in legal proceedings.

This principle has its roots in the equitable doctrines developed in English common law, where courts of equity were established to address legal claims with a focus on fairness over strict legal remedies. It reflects the moral underpinnings of the equitable system, where a plaintiff's conduct is crucial to obtaining relief.

In modern law, courts continue to enforce the clean hands doctrine, requiring that plaintiffs demonstrate good faith and fair dealing in their claims for equitable relief. For example, if a party tries to obtain an injunction against a competitor while engaging in unfair business practices, a court may deny such relief under this maxim.

• A plaintiff seeking specific performance of a contract must not have engaged in fraud regarding the contract to be granted the remedy.
• In a case where one party seeks an equitable remedy for breach of fiduciary duty, their own breaches of duty may bar them from receiving that equity.

• Keystone Driller Co. v. General Excavator Co., 290 U.S. 240 (1933)