Section 4.27 Plaintiff’s Performance and Unclean Hands

• Library: Contracts 2016 Supp

5. (§4.27) Plaintiff’s Performance and Unclean Hands

One of the chief remedial defenses to equitable claims, including specific performance, is the doctrine of “unclean hands.” The doctrine generally provides that “whenever a party, who, as actor, seeks to . . . obtain some remedy, has violated conscience, or good faith, or other equitable principle, . . . then the doors of the court will be shut against him” and courts will deny relief. 2 Spencer W. Symons, Pomeroy’s Equity Jurisprudence § 397, pp. 91–92 (5^th ed. 1941); Franklin v. Franklin, 283 S.W.2d 483 (Mo. banc 1955). Stated another way, a person who seeks equitable relief must come to the court with clean hands. State ex rel. Gen. Dynamics Corp. v. Luten, 566 S.W.2d 452 (Mo. banc 1978). In practical terms, this means that...