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Pari Delicto

   Also found in: Financial, Wikipedia 0.01 sec.

[Latin, In equal fault.] The doctrine, also known as in pari delicto, that provides that courts will not enforce an invalid contract and that no party can recover in an action where it is necessary to prove the existence of an illegal contract in order to make his or her case.


pari delicto adj. equal fault. (See: in pari delicto)



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27) Conceptually, the in pari delicto defense will apply "where the fault of the parties is mutual, simultaneous and relatively equal, and where the plaintiff is an active, essential, and knowing participant in the unlawful activity.
The defendant, too, must have clean hands to assert the equitable defenses of estoppel, laches, and in pari delicto.
12) In pari delicto means "in equal fault" and is based on the "common law notion that a plaintiff's recovery may be barred by his own wrongful conduct.
 
 
 
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