Meaning

Equity demands fairness not only from the defendant but also from the plaintiff. It is therefore said that “he that hath committed an inequity, shall not have equity.” While applying this maxim the court believed that the behavior of the plaintiff was not against conscience before he came to the court.

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Application and cases

In Highwaymen case, two robbers were partners in their own way. Due to a disagreement in shares one of them filed a bill against another for accounts of the profits of robbery. Courts of equity do grant relief in case of partnership but here was a case where the cause of action arose from an illegal occupation. So, the court refused to help them.

The working of this maxim could be seen while giving the relief of specific performance, injunction, rescission or cancellation.

Limitation

General or total conduct of the plaintiff is not to be considered. It will be seen whether he was of clean hands in the same suit he brought or not. Brandies J. in Loughran v. Loughran said that “Equity does not demand that its suitors shall have led blameless lives.”

Exception

1. If the transaction is a against public policy
2. if the party repents for his conduct before his unjust plans are carried

Recognition

1. Section 23 of the Indian Trust Act- An infant can not setup a defence of the invalidity of the receipt given by him.
2. Section 17, 18 and 20 of the Specific Relief Act, 1877– Plaintiff’s unfair conduct will disentitle him to an equitable relief of specific performance of the contract.

Distinction between maxim no. 3 and 4-

 

He who seeks equity must do equity	He who comes into equity must come with clean hands
t is applicable when both the plaintiff and the defendant have claims of equitable relief against each other.	It is applicable when the defendant has no separate claim to relief and the plaintiff’s conduct is unfair.
It exposes the condition subsequent to the relief sought.	) It is a condition precedent to seeking equitable relief.

 

It refers to the plaintiff’s conduct as the court thinks it ought to be, after he comes to the court.	i) It refers to the plaitiff’s conduct before he approaches the court.
The plaintiff has to mould his behavior according to the impositions by the court.	) If the plaintiff’s conduct is unfair, it would not entitle him to the relief sought.
The plaintiff has an option or a choice before him either to submit to the conditions put by the court, or to get out of the court.	) The conduct of the plaintiff snatched his choice from him. His equitable right therefore  neither  be  recognized  nor enforced.
This maxim looks to the future.	i) This maxim looks at the past.