Unclean Hands explains that it is first to defend yourself that there is something wrong with the other. The principle is widely used in Australia, especially against villains.
The other party has the mistake first, refers to the other party's prior offense and the case connection mistake, not other mistake.
Defending oneself is usually the defense method used by defendant and, in a few cases, plaintiff's attack method.
The Unclean Hands principle can be understood as that if A makes a mistake first and causes or forces B to do something contrary to the agreement or contract, A loses the rights of track back B liability in whole or in part, and the rights and interests of A in the contract may lose protection.
Typically, court thinks there is something wrong with the following behavior:
Failure to perform the duties under the contract;
Fraud and dishonesty;
Threat or intimidating the other party;
Take advantage of the danger and ask the other party to accept a condition;
Civil or criminal liability in connection with the commission of the offence;
For example, if Zhang San dumped garbage in his neighbor's backyard, Li Si also dumped it in Zhang San's backyard when he saw it. If Zhang San accuses Li Si to go to the court to claim Li Si's responsibility for the act, then Li Si may defend himself against the other party's mistake before he succeeds, rather than taking the responsibility of law.
For example, in the case of Party A and Party B in the contract, if Party A is not sincere in the process of performing the contract, it shows that there is no reason to postpone or slow down the work, forcing Party B to find another solution. At this point B may unilaterally terminate the contract with A. If B is in breach of contract, B may defend himself first without taking responsibility for law with the other party's fault.
For example, Zhang three lent Li 45,000 Australian dollars to ask Li to return within two years. After two years, Li did not return it, and knew that Zhang San economic was nervous, Li four proposed that only 30, 000 and asked Zhang San to give up the recovery of the remaining debt of the rights. Because of his helplessness, Zhang San signed the agreement and got 30,000. After that, Zhang San prosecute Li Si. Li Si defended the agreement on the grounds that the two sides had reached a consensus, court said that Li Si had made a mistake, took advantage of the danger, that the agreement was null and void, and was not protected by the law, and ordered Li Sigui to pay back Zhang San's remaining arrears.
The practical significance of this principle is not to assume that the other party can be bound by the signing of a contract. If one party makes a mistake, it may lose law protection, and the other may terminate the contract and be exempted from law liability.