Ex turpi causa, also known as the illegality defence, is a legal doctrine that states that a plaintiff cannot recover damages if their claim is based on an illegal or immoral act that they themselves committed. In other words, if the plaintiff’s own wrongful conduct is intimately connected to the cause of action, the law will not provide them with relief. This principle is based on public policy considerations and aims to prevent individuals from benefiting from their own wrongful actions or encouraging illegal behaviour. Ex turpi causa is often invoked as a defence in tort and contract law cases, where the plaintiff’s claim arises from their own illegal or wrongful conduct.
The principle of ex turpi causa may be invoked as a defence to many claims in Tort. The principle is a recognition that the law ought not to compensate people who have suffered a loss in the course of their own wrongful actions, even where the primary cause is attributable to someone else. For example, if I run you down in the getaway car while you are making an escape from the bank you just robbed, it is unlikely that you will be able to sustain an action in Negligence against me. However, it isn’t impossible. The law does not rule out the possibility that people involved in a joint criminal activity do owe each other a duty of care.
“Ex turpi causa” is a Latin legal term that translates to “from a wrongful cause.” It refers to the legal principle that a claimant cannot recover damages if their claim arises from their own illegal or immoral conduct.
The doctrine is based on public policy considerations and the principle that the law should not condone or reward wrongdoing. Allowing a claimant to benefit from their own wrongful conduct would undermine the integrity of the legal system.
The doctrine may apply in various legal contexts, including tort law, contract law, and criminal law, where a claimant seeks to recover damages or enforce rights arising from their own illegal or immoral actions.
In personal injury cases, the doctrine may prevent a claimant from recovering damages if their injuries were caused by their own criminal or unlawful conduct, such as engaging in criminal activity or intentionally causing harm to themselves.
Yes, the ex turpi causa defence can be raised in negligence claims if the claimant’s injuries were caused by their own illegal or wrongful conduct, such as being injured while committing a crime or engaging in dangerous behaviour.
Yes, there may be exceptions to the doctrine in certain circumstances, such as where the claimant’s illegal conduct was minor or incidental, where public policy considerations weigh in favour of allowing the claim, or where the defendant was also at fault.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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