Clean Hands... Ever heard the phrase?
I would bet a good sum of money an Attorney would know what Clean Hands are...
Imagine someone or Company who done something criminally wrong then sueing you for something they are trying to collect on. Clean hands will win everytime.
EDIT... I guess I will post the definition since some on the other thread just don't get it. Burden of proof is receipt with account number, security code and expiration date. Then given to numerous parties not the cardholder. Unethical business practice.
What Is the Clean Hands Doctrine?The Clean Hands Doctrine, also called unclean hands, is a defense to a claim for equitable relief, typically an injunction or specific performance. A defendant can argue that the plaintiff has no grounds to obtain relief because he has acted unethically or in bad faith with respect to the subject of the complaint. The defendant has the burden to prove that the plaintif is not acting in good faith, or that his hands are unclean. The doctrine is sometimes stated as those seeking equity must do equity.
What Is Needed to Establish Unclean Hands?
There is no specific definition for what constitutes unclean hands. If a party does not deserve a remedy because he is not an innocent injured by a guilty party, he will be found to have unclean hands. What is sufficent to establish this however will depend upon the specific court and jurisdiction you are in and an experience attorney can help you determine this.
Can I Bring Suit for a Violation of the Clean Hands Doctrine?
Generally, the clean hands doctrine is a defense, although a plaintiff seeking an equitable remedy could bring it up to prevent the defendant from raising another equitable defense. The doctrine does not apply to cases seeking damages, it is only used in equitable remedy situations. However, in many situations a person who has acted with unclean hands will have acted in bad faith which will be a violation of the good faith and fair dealing condition implied in contracts. If this is the case, the other party will often be able to bring suit for a breach of contract based on a violation of good faith and be able to recover damages.
Imagine someone or Company who done something criminally wrong then sueing you for something they are trying to collect on. Clean hands will win everytime.
EDIT... I guess I will post the definition since some on the other thread just don't get it. Burden of proof is receipt with account number, security code and expiration date. Then given to numerous parties not the cardholder. Unethical business practice.
What Is the Clean Hands Doctrine?The Clean Hands Doctrine, also called unclean hands, is a defense to a claim for equitable relief, typically an injunction or specific performance. A defendant can argue that the plaintiff has no grounds to obtain relief because he has acted unethically or in bad faith with respect to the subject of the complaint. The defendant has the burden to prove that the plaintif is not acting in good faith, or that his hands are unclean. The doctrine is sometimes stated as those seeking equity must do equity.
What Is Needed to Establish Unclean Hands?
There is no specific definition for what constitutes unclean hands. If a party does not deserve a remedy because he is not an innocent injured by a guilty party, he will be found to have unclean hands. What is sufficent to establish this however will depend upon the specific court and jurisdiction you are in and an experience attorney can help you determine this.
Can I Bring Suit for a Violation of the Clean Hands Doctrine?
Generally, the clean hands doctrine is a defense, although a plaintiff seeking an equitable remedy could bring it up to prevent the defendant from raising another equitable defense. The doctrine does not apply to cases seeking damages, it is only used in equitable remedy situations. However, in many situations a person who has acted with unclean hands will have acted in bad faith which will be a violation of the good faith and fair dealing condition implied in contracts. If this is the case, the other party will often be able to bring suit for a breach of contract based on a violation of good faith and be able to recover damages.
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quote:Originally posted by select-fire
I would bet a good sum of money an Attorney would know what Clean Hands are...
Imagine someone or Company who done something criminally wrong then sueing you for something they are trying to collect on. Clean hands will win everytime.
I thought you were getting in the tub with the wife.......0 -
Phone won't stop ringing. One call from Texas, one from Florida.. Dealers trying to sell me a new truck. Cincinnati deal might go thru tomorrow.. I hope. 0 -
I bet some here could tell you what brown eyes mean. Don 0 -
What are the pictures of my cars doing up there ??
Doug0 -
Never show up at the dinner table with dirty hands!
I use the expression daily...0 -
quote:Originally posted by mateomasfeo
Never show up at the dinner table with dirty hands!
I use the expression daily...
LMAO [:D][:D]0 -
hey, your tubs getting cold....... 0 -
quote:Originally posted by mateomasfeo
Never show up at the dinner table with dirty hands!
I use the expression daily...
Damn Lawyers! Don0 -
I thought this was about my bout with ecoli. 0 -
don't forget to wash your hands after you wipe you 0 -
quote:Originally posted by daveald
don't forget to wash your hands after you wipe you
You're not sposed to use your hand..!![;)]0 -
quote:Originally posted by dcon12
I bet some here could tell you what brown eyes mean. Don
Yep, full of something brown and it ain't brown sugar.[:D]0 -
quote:Originally posted by select-fire
Phone won't stop ringing. One call from Texas, one from Florida.. Dealers trying to sell me a new truck. Cincinnati deal might go thru tomorrow.. I hope.
I can't wait to hear about the next truck deal that falls through.... I'll give it a couple days[;)]0 -
Don't forget to wash everytime in the washroom also 0 -
quote:Originally posted by select-fire
Cincinnati deal might go thru tomorrow.. I hope.
What are you going to do with Cincinnati ?!?0 -
Because of our previous differences, I will not comment further.
Doug0 -
United rented you a forklift in good faith and made a minor clerical error. You decided to overreact and steal from them by charging back the payment you agreed to make in return for the rental. So their hands are clean, and your hands and your conscience - assuming you have one although from your posts it seems doubtful - are dirty ones.
You can try to justify your bad behavior any way you want, but no one here seems to be buying your BS. All you have done via your posts is scream to the world "I have no integrity".0 -
Admin. you have it backwards. Rental company was not in good faith by actions on their behalf. You in fact have shown some of the members here that you do not know what you are talking about. They breeched their own contract by doing this. I don't control their business procedures anymore than you do. Possibly they learned a lesson and have corrected their errors.BTW I signed nothing to rent the machine and found out After the unit was used of their errors. Geesh.... 0 -
Clearly EVERYONE is wrong about this except SF. The use of a product and failure to pay is not a theft, really, it's not. 0 -
Gary, is there anyone you do business with that you haven't sued?
[:0]0 -
Chronic hand washing is a sign of a guilty conscious. The blood just wont come off. 0 -
I WAS going to post[8D]...but I have been advised by my legal counsel not to.[:(]
Litigation is expensive![B)]0 -
Oh boy,......another truck deal coming up!
Wonder what will go wrong with that one.
Maybe they will print your new CC number, on the receipt.[:0]0 -
I guess they just don't know who you are!!! 0 -
quote:Originally posted by dongizmo
Gary, is there anyone you do business with that you haven't sued?
[:0]
I have been in court.. one time in to collect a debt. Evictions on my rental properties are another matter. 99.9% of them are for non payment. I have never been sued or had a lawsuit brought against me. Can you say that?0 -
I guess they just don't know who you are!!! 0 -
Never shake hands with a lefthanded Afghani. 0 -
quote:Originally posted by select-fire
quote:Originally posted by dongizmo
Gary, is there anyone you do business with that you haven't sued?
[:0]
I have been in court.. one time in to collect a debt. Evictions on my rental properties are another matter. 99.9% of them are for non payment. I have never been sued or had a lawsuit brought against me. Can you say that?
As a matter of fact I can, I can also say I have paid all services I have been rendered, and not used a clerical error (maybe even a machine/programing error) as a excuse to not pay[:0].
But hey, thats just how I was raised..................
Don0 -
quote:Originally posted by select-fire
quote:Originally posted by dongizmo
Gary, is there anyone you do business with that you haven't sued?
[:0]
I have been in court.. one time in to collect a debt. Evictions on my rental properties are another matter. 99.9% of them are for non payment. I have never been sued or had a lawsuit brought against me. Can you say that?
Damn sure can.0 -
I've stayed out of this --- BUT, You better get your lawyer involved ASAP because you WILL need him. 0
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