Define: Cum Par Delictum Est Duorum Semper Oneratur Petitor Et Melior Babctur Possessors Causa

This Latin phrase translates to “When the fault is equal, the plaintiff is always burdened and the possessor is better off.

This principle is often used in cases where both parties involved in a dispute share equal fault. It places the burden on the plaintiff to prove their case and provides an advantage to the possessor.

Yes, this principle can be used as a defence by the possessor to argue that both parties are equally at fault, thereby shifting the burden of proof onto the plaintiff.

Yes, there may be exceptions, depending on the specific circumstances of the case. For example, if one party can prove that they were coerced or acted under duress, the principle may not apply.

This principle can influence the allocation of liability and the burden of proof. It may result in the plaintiff having to provide stronger evidence to establish their case.

No, this principle is primarily derived from Roman law and may not be recognised or applied in all legal systems worldwide.

It is advisable to consult with a legal professional who can analyse the specific facts and circumstances of your case to determine if this principle is relevant.

Yes, various legal systems have similar principles that address the allocation of liability and burden of proof in cases where both parties share equal fault.

Yes, legal interpretations and precedents can modify or expand upon the application of this principle, providing further guidance on its scope and limitations.