ex turpi causa non oritur actio


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ex turpi causa non oritur actio

‘an action will not arise from a disgraceful basis’. In the modern law the disgraceful element is usually considered in terms of illegality or immorality. The doctrine, once confined to contract, often appears in other areas of the law, in particular tort. However, as the modern law has created many offences and crimes that involve little or no turpitude, the maxim is seldom applied as a strict bar to action.
References in periodicals archive ?
The wife ought not to profit from a crime, on the principle ex turpi causa non oritur actio, from a wicked cause no action should lie, since bigamy was still a criminal offence, something that the earlier judges had under-emphasised.
The defence ex turpi causa non oritur actio seems necessarily to involve a situation where both parties are alleged to be at fault, and so long as it is remembered that s.