Principles of Equity

1. WHO COMES TO EQUITY MUST COME WITH

CLEAN HANDS
 Introduction:
 The court would take into consideration the personal
conduct of the plaintiff in the transaction in dispute and
if he had not sought the help of the court with clean
hands, the court would refuse to grant him any relief.
 Equity works on the assumption that it was a matter
of conscience and so it is discretionary with the
court to grant relief. It took into consideration
whether the person applying for equity had himself
acted with good conscience in the matter.
 Explanation: If plaintiff has been guilty of any willful
misrepresentation, fraudulent suppression of facts or put
forth misleading particulars, he will not get any relief
and if he has attained the agreement by any of the above
mentioned ways, he will not be able to get specific
performance.
 Examples:
 Fraud: If A and B made an agreement to divide the
property equally and to get benefits equally, obtained by
fraud but A gained the whole profit and gave nothing to
B. B sues A in equity for equal shares. The suit was
dismissed.
 Specific Performance: Equity will refuse specific
performance of a contract if the plaintiff has been guilty
of undue influence, and if he has attained the agreement
by misrepresentation.
 Illegality: Where ttwo parties to an illegal agreement are
in equal guilt, equity will not help any of them by
enforcing the contract.
 Exceptions to the Maxim:
 1.General Depravity: The general depravity of the
plaintiff will not dis-entitle him to the relief. The
conduct complained of must have an immediate relation
to the equity sued for.
 2. When transaction is unlawful: Where the transaction
is unlawful itself , no suit lies. I t is not because of
demerits of the plaintiff himself.
 Conclusion: This maxim must not be taken too widely;
as it does not mean that a plaintiff in equity court will
fail if he has led a blameful life. What bans the claim is
not his general depravity but it is the one which has an
immediate relation to the equity sued for.