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 dongizmo
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, that just how I was raised..................
Don
And the reason most likely, that you don't have pics of those wonderful riding cars in your sig line.
You have a lot to learn Don.
Guess I do too.
BTW, I have never been sued either.[:0]0 -
quote:Originally posted by Marc1301
[brAnd the reason most likely, that you don't have pics of those wonderful riding cars in your sig line.
You have a lot to learn Don.
Guess I do too.
BTW, I have never been sued either.[:0]
I'll take my F-150 any day, I hate having to contort my self into any car...........
Besides that I outgrew the the whole pe nis envy (or what ever they call it) thing a long time ago.......0 -
Guys, this is Soooo over. We know all we need to know. 0 -
It's amazing the lengths some people will go to, to try to justify being a crook.
So the guy made a mistake with a credit card.
That does not make the amount you owe him null and void in any manner.0 -
Heck I took the advice of Visa to do the chargeback when I canceled the CC to have a new one issued. They were happy and so am I. So happy I was going to do a giveaway. But not now. Why.. cause some on here just don't know what I went thru to get my new card accounts set up again along with straightening out billing with some of the accounts. Heck.. that don't matter. It wasn't you guys who went thru all this nonsense. In fact I will go one step farther. I will never do another giveaway on GB. And I had no idea, I pissed off so many people putting a pic of Corvettes. Get over it. I do want to thank one real good knowledgeable GB member who emailed me about this. You have common sense. If I get out to your state sometime I will sure buy you a steak. 0 -
quote:Originally posted by He Dog
We know all we need to know.
I have known it all so long that I am having to start over. Don0 -
quote:Originally posted by select-fire
Heck I took the advice of Visa to do the chargeback when I canceled the CC to have a new one issued. They were happy and so am I. So happy I was going to do a giveaway. But not now. Why.. cause some on here just don't know what I went thru to get my new card accounts set up again along with straightening out billing with some of the accounts. Heck.. that don't matter. It wasn't you guys who went thru all this nonsense. In fact I will go one step farther. I will never do another giveaway on GB. And I had no idea, I pissed off so many people putting a pic of Corvettes. Get over it. I do want to thank one real good knowledgeable GB member who emailed me about this. You have common sense. If I get out to your state sometime I will sure buy you a steak.
Maybe they're just tired of hearing about "what I just bought" and "why did this happen to me" posts. Sheesh!0 -
quote:Originally posted by select-fire
Heck I took the advice of Visa to do the chargeback when I canceled the CC to have a new one issued. They were happy and so am I. So happy I was going to do a giveaway. But not now. Why.. cause some on here just don't know what I went thru to get my new card accounts set up again along with straightening out billing with some of the accounts. Heck.. that don't matter. It wasn't you guys who went thru all this nonsense. In fact I will go one step farther. I will never do another giveaway on GB. And I had no idea, I pissed off so many people putting a pic of Corvettes. Get over it. I do want to thank one real good knowledgeable GB member who emailed me about this. You have common sense. If I get out to your state sometime I will sure buy you a steak.
Sounds like a plan!0 -
SF,
I have not said anything in this matter, as most people with common sense have scolded you allready for your misdeed.
If one of your renters called you to have a pipe fixed, and you didn't get to it in 10 minutes time, is their rent free for the month? No.
How about the renters that had their heat turned off becuase they were late and you wanted them outta your rental? Was their rent free for that month because you did wrong? I bet it wasn't.
Karma SF, its gonna bite you big someday and you running around being cocky because you screwed someone out of their money, it all comes back to you. At some point your gonna lose everything important to you, and only you will be to blame.
You were a victim on one side, yet a criminal in the other side.
You know, a week ago a lady at the gas station gave me a 100 dollars too much in change. I tried telling her she made a mistake, yet she wouldn't belive me. A week later I saw her again. She asked me about that night and I returned the money to her. She was going to have to pay it back because her till was short.
I COULD have told her I didn't remember, but I'm honest. I refuse to take advantage of people/business.
Too bad you weren't that honest.0 -
quote:Originally posted by select-fire
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....
if you have a copy of the contract where it states this specifically it will shut everyone up, also did you find out what the bogus charge was, and did you get the police involved with the stolen credit card number purchase????????????0 -
SF - You make it difficult to remain silent.
Doug0 -
SF - You make it difficult to remain silent.
Doug0 -
quote:Originally posted by 180A
quote:Originally posted by select-fire
Heck I took the advice of Visa to do the chargeback when I canceled the CC to have a new one issued. They were happy and so am I. So happy I was going to do a giveaway. But not now. Why.. cause some on here just don't know what I went thru to get my new card accounts set up again along with straightening out billing with some of the accounts. Heck.. that don't matter. It wasn't you guys who went thru all this nonsense. In fact I will go one step farther. I will never do another giveaway on GB. And I had no idea, I pissed off so many people putting a pic of Corvettes. Get over it. I do want to thank one real good knowledgeable GB member who emailed me about this. You have common sense. If I get out to your state sometime I will sure buy you a steak.
Maybe they're just tired of hearing about "what I just bought" and "why did this happen to me" posts. Sheesh!
Wrong again, One of the most reputable members on here. I will not give up their name. I respect them that much.0 -
quote:Originally posted by 1911a1fan
quote:Originally posted by select-fire
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....
if you have a copy of the contract where it states this specifically it will shut everyone up, also did you find out what the bogus charge was, and did you get the police involved with the stolen credit card number purchase????????????
have you filed that police report yet?0
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