In this new addition to our 'Crunching Concepts' series, we delve into an intriguing legal principle - ex turpi causa non oritur actio (the illegality defence). It's a Latin term, literally translated as 'from a dishonourable cause an action does not arise', that plays a vital role in tort law, impacting how claimants may seek damages.
Ex turpi causa non oritur actio, often referred to as the illegality defence, is a legal principle asserting that an individual cannot successfully file a claim for damages if their injury stems from their own wrongful or immoral act. The central goal of this principle is to stop people from exploiting the legal system to reap benefits from their illegal or unethical actions.
This principle serves a pivotal function in:
1. Maintaining the integrity and public trust in the legal system by preventing wrongdoers from benefiting from their misconduct.
2. Establishing a profound understanding of public policy considerations, insisting that courts should not facilitate claimants whose injuries or damages were caused by their illegal or immoral actions.
3. Providing law students and practitioners with crucial insight into the limitations of legal remedies available in tort law and the exceptions to providing a remedy for a claimant.
Through examples, ex turpi causa non oritur actio can become much easier to understand:
• Pitts v Hunt [1991] 1 QB 24 - in this case, the claimant sought damages for injuries sustained in a motorcycle accident, in which both he and the defendant had been driving recklessly and under the influence of alcohol. The Court of Appeal held that his claim was barred by ex turpi causa, as it arose from his own criminal conduct.
• Patel v Mirza [2016] UKSC 42 - here, the Supreme Court clarified the illegality test, stressing the need to consider public policy factors and the balance between the parties' wrongdoing before applying the defence.
Comprehending complex concepts like ex turpi causa non oritur actio is essential for aspiring lawyers and law students. At CaseSnappy, we're dedicated to guiding you through these complicated principles with our detailed and discerning summaries.
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