The term “separate legal entity” is a fundamental concept in law that underlies business law and legal liability. Not getting it right means that you could: trade in a way which makes you personally liable for the activities of a company, rather than the company itself sign contracts which make you jointly and severally liable […]
So the maxim goes, “He who comes to equity must approach the court with clean hands”.
What does this mean?
It’s clear and unqualified in its intention.
However, the maxim does not apply as broadly as it says. It is a statement of public policy enforced by courts in appropriate circumstances. It’s not a rule of law.
It is commonly understood that the maxim means that a claimant should be deprived of all court-based remedies, because of some dishonesty, misrepresentation, illegality or unfairness.
That’s not correct. The principle does not always exclude all remedies.
We use cookies to improve our website and analyse how visitors use our website. For further information information about cookies, please see our cookie policy.OkRefuseCookie Policy