Plaintiff: The Wrongdoer
When the plaintiff himself or herself committed an illegal or wrong
act, or even negligent about his or her due care, the law excuses the
defendant. The Latin proverb "ex turpi causa non oritur action" (no
action proceeds from an immoral cause) is the source of this defense.
Therefore, a plaintiff's own illegal act could result in a strong defense
in tort cases. In addition to tort law, this maxim also applies to the
contract, restitution, property, and trusts.
According to Pollock, when the plaintiff is a wrongdoer, he is not
disabled from recovering in tort unless some unlawful act or conduct
on his part is connected with harm suffered by him as part of the
same transaction.
Meaning of Plaintiff, the wrongdoer
This maxim stands for the principle that a person cannot bring legal
action because of their own wrongdoing. Defendants frequently use
it as a defense in tort cases where the plaintiff's claim is based on
illegal, immoral, or contrary to public policy conduct. As a result, an
unlawful act committed by the plaintiff may result in a valid defense
in torts.
This maxim applies not only to tort law, but also to contract law,
restitution law, property law, and trust law. When the maxim is
successfully applied, it serves as a complete impediment to recovery.
It is commonly referred to as the illegality defense, but it extends
beyond illegal behavior to immoral behavior. This defense, though
rarely used, has been debated for a long time.
Plaintiff is the Wrongdoer:
The plaintiff will not succeed in bringing an action or recover
damages if the cornerstone is based on unlawful contract terms. It is
based on the maxim of
" Ex turpi causa non oritur actio" which says that "from an immoral
cause, no action arises".
In the case of Pitts VS Hunt there was a rider who was 18 years of
age. He encouraged his friend who was 16 years old to drive fast
under drunken conditions. But their motorcycle met with an
accident, the driver died on the spot. The pillion rider suffered
serious injuries and filed a suit for claiming compensation from the
relatives of the deceased person. This plea was rejected as he himself
was the wrongdoer in these cases.
The legal maxims "jus ex injuria non oritur" (no right can arise from
wrong) and "Commodum Ex Injuria Sua Nemo Habere Debet" (a
wrongdoer should not be permitted by law to take any advantage
from his actions) can be closely related to this 'ex turpi causa'
defense. The phrase that one must approach the courts with clean
hands is one we have all heard. The defense of illegality is closely
related to this idea and relies on the idea that when someone
commits a wrong, the state shouldn't assist them in recovering
damages because doing so would essentially go against public policy.