Sunday, September 30, 2018
Nicholas McBride recently published an Article entitled, The Future of Clean Hands, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article.
This paper introduces the concept of a supererogatory remedy (a remedy which no one has a right to, and which it is not necessary to award) and seeks to argue that the equitable defence of clean hands has a distinctive role to play in determining whether such a remedy will be granted. As such, the defence of clean hands can be distinguished from the defence of illegality, with which it is often confused.