The Future of Clean Hands

Davies, Douglas and Goudkamp (eds), Defences in Equity, 2018, ISBN: 9781509921010

University of Cambridge Faculty of Law Research Paper No. 65/2018

22 Pages Posted: 25 Sep 2018 Last revised: 2 Nov 2018

See all articles by Nicholas McBride

Nicholas McBride

University of Cambridge - Faculty of Law

Date Written: May 1, 2018

Abstract

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

McBride, Nicholas, The Future of Clean Hands (May 1, 2018). Davies, Douglas and Goudkamp (eds), Defences in Equity, 2018, ISBN: 9781509921010; University of Cambridge Faculty of Law Research Paper No. 65/2018. Available at SSRN: https://ssrn.com/abstract=3242750

Nicholas McBride (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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