ex turpi causa non oritur actio
Ex Turpi Causa Non Oritur Actio
Meaning:
"No action arises from a dishonorable cause."
Explanation:
This legal maxim means that a person cannot bring a lawsuit or seek legal remedy if their claim arises from their own illegal, immoral, or dishonest act.
In other words, the courts will not assist someone who bases their claim on an illegal or unethical transaction or conduct.
Purpose:
To prevent the courts from being used to enforce or legitimize wrongful acts.
To discourage illegal or immoral behavior by denying relief to those who participate in it.
Example:
If two people enter into an illegal contract, and one party breaches it, the other party cannot sue for damages based on that contract.
A person injured while committing a crime (e.g., during a robbery) may be barred from claiming damages for their injury.
Important Note:
This defence is applied carefully so it doesn't unjustly prevent rightful claims.
The courts examine the connection between the illegal act and the claim.
Case Example:
Ashworth Security Hospital v. MGN Ltd (2002): The court refused to allow a claim for breach of confidentiality by a prisoner involved in criminal activities because the claim arose from an illegal act.
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