I don’t want to explain it, but I know I have to.Lol at this sign in courthouse bathroom. pic.twitter.com/YYEsqgvtxb
— Elliott Z. Stein (@NYCStein) September 9, 2022
Equity entered the common law as a remedy when the law didn’t provide one. That almost overstates it, but there were at the time law courts and ecclesiastical courts, and the latter weren’t just concerned with priests and monks. One could seek relief in such courts, but only if one came innocent of offense.
Two parties in breach of contract can argue over who breached first or more significantly. But neither party can seek specific performance (require the other party to perform their part of the contract; what Twitter is trying to do to Musk), because specific performance is an equitable remedy, and you can’t be at fault in the situation and get equitable relief.
The phrase we all learn in law school is that “you must come to equity with clean hands.”
Aren’t you glad you waited around to get the joke?
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