Name one common defense to an action for specific performance in a contract.

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Unclean hands is a recognized defense in actions for specific performance, which asserts that a party seeking equitable relief must have acted fairly and genuinely in the matter at hand. This principle emphasizes that a claimant who has engaged in unethical or dishonest behavior related to the subject of the contract cannot invoke the court's equitable powers to enforce the agreement. The rationale is that courts will not assist a party in obtaining relief when that party has acted in bad faith, thus maintaining the integrity of the judicial system and ensuring that equitable remedies are granted only to those who "come to court with clean hands."

For instance, if the party seeking specific performance engaged in fraudulent activities or acted in a way that violates the spirit of the agreement, the court may deny their request on these grounds. This distinguishes unclean hands from other defenses that may be based on different principles, such as mutual mistake, which relates to misunderstandings or errors regarding the terms of the contract, or contradictory terms, which concern the clarity and coherence of the contract itself. Delays in performance might point to a breach but do not directly relate to the conduct of the party seeking performance. Thus, unclean hands is a significant factor that can affect the outcome of a request for specific performance in contract law.

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