The Future of Clean Hands
Davies, Douglas and Goudkamp (eds), Defences in Equity, 2018, ISBN: 9781509921010
22 Pages Posted: 25 Sep 2018 Last revised: 2 Nov 2018
Date Written: May 1, 2018
This paper introduces the concept of a supererogatory remedy (a remedy which no one has a right to, and which it is not necessary to award) and seeks to argue that the equitable defence of clean hands has a distinctive role to play in determining whether such a remedy will be granted. As such, the defence of clean hands can be distinguished from the defence of illegality, with which it is often confused.
Keywords: Equity, Remedies, Defences, Clean Hands, Illegality
JEL Classification: K41, K42
Suggested Citation: Suggested Citation