Ex turpi causa non oritur actio

Ex turpi causa non oritur actio (Latin "action does not arise from a dishonourable cause") is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act.[1] The corresponding Ex turpe causa non oritur damnum, "From a dishonourable cause, no damage arises" is a similar construction. Particularly relevant in the law of contract, tort and trusts,[2] ex turpi causa is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue. The UK Supreme Court provided a thorough reconsideration of the doctrine in 2016 in Patel v Mirza.[3]

  1. ^ "Legal Definition of Ex turpi causa non oritur actio". legal-glossary.org. 19 January 2013. Retrieved 9 September 2014.
  2. ^ Winfield & Jolowicz on Tort, 15th edition, 866, suggest that the doctrine should be purely confined to contract
  3. ^ [2016] UKSC 42

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