Dismissal Motion Dismiss For Unclean Hands
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How to fill out Arizona Motion For Dismissal?
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FAQ
App. 1999), the party asserting the unclean hands defense must prove that the misconduct relates directly to the subject matter concerning which a particular claim is made. In other words, there must be a direct relationship between the misconduct and the claimed injuries.
Example: Hank Hardnose sues Grace Goodenough for breach of contract for failure to pay the full amount for construction of an addition to her house. Goodenough proves that Hardnose had shown her d estimates from subcontractors to justify his original bid to Goodenough.
If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiff's complaint will be dismissed. This defense is an affirmative defense that can be used by defendants; however, keep in mind that the defendant must prove the defense in order for the complaint to be dismissed.
An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability, or bad faith) related to the subject matter of that party's claim.
An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability, or bad faith) related to the subject matter of that party's claim.