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CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law

Which maxim of equity is best reflected where a court refuses relief to a plaintiff who himself acted dishonestly in the very transaction he complains of?

The maxim is that he who comes into equity must come with clean hands. Equitable relief is discretionary, so a plaintiff guilty of dishonest or improper conduct in the same transaction is denied it, regardless of the merits of his claim.

  1. AEquity follows the law
  2. BHe who comes into equity must come with clean handsCorrect
  3. CEquity looks to the intent rather than the form
  4. DEquity will not suffer a wrong to be without a remedy

Explanation

Denying relief to a plaintiff whose own conduct in the matter was dishonest is the clean hands maxim. The other maxims concern following legal rules, substance over form, and availability of remedies, not the plaintiff's misconduct.

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