Define: In Pari Delicto Doctrine

In Pari Delicto Doctrine
In Pari Delicto Doctrine
Quick Summary of In Pari Delicto Doctrine

The in pari delicto doctrine is a legal principle that states that if two parties are equally responsible for an illegal act, neither party can seek damages from the other. In other words, if both parties are at fault, it is not fair to hold only one person accountable. This doctrine is commonly applied in cases involving illegal activities like fraud or embezzlement where both parties were involved.

Full Definition Of In Pari Delicto Doctrine

The in pari delicto doctrine is a legal principle that prohibits parties from seeking legal remedy against each other when they are equally responsible for an illegal or unethical act. For instance, if two individuals conspire to commit a crime and are apprehended, neither can sue the other for damages resulting from the offence. Both parties share equal responsibility for the illegal act and are barred from seeking legal recourse against each other. Similarly, if two companies engage in price-fixing, and one is fined by the government, they cannot seek reimbursement from the other company as both are equally at fault for the illegal activity. The purpose of the in pari delicto doctrine is to discourage illegal or unethical behaviour by holding all involved parties equally accountable for their actions.

In Pari Delicto Doctrine FAQ'S

The In Pari Delicto Doctrine is a legal principle that states that when both parties to an illegal transaction are equally at fault, the court will not intervene to resolve any disputes arising from that transaction.

The purpose of the In Pari Delicto Doctrine is to discourage illegal activities by denying legal remedies to parties involved in illegal transactions.

Yes, the In Pari Delicto Doctrine applies to all types of illegal transactions, including contracts, agreements, and other unlawful activities.

Yes, the In Pari Delicto Doctrine can be used as a defence by a party accused of wrongdoing to argue that both parties were equally at fault and therefore no legal remedies should be granted.

Yes, there are some exceptions to the In Pari Delicto Doctrine, such as when one party has a significantly greater degree of fault or when public policy considerations outweigh the application of the doctrine.

Yes, a court has the discretion to override the In Pari Delicto Doctrine if it determines that enforcing the doctrine would lead to an unjust or inequitable outcome.

The In Pari Delicto Doctrine generally applies only to the parties directly involved in the illegal transaction. However, in some cases, third parties may also be affected if they knowingly participated in or benefited from the illegal activity.

No, the In Pari Delicto Doctrine generally prevents parties from recovering damages resulting from an illegal transaction, as both parties are considered equally at fault.

No, the In Pari Delicto Doctrine is a civil law principle and does not apply to criminal cases. Criminal liability is determined by separate legal principles.

Yes, parties can waive or modify the application of the In Pari Delicto Doctrine through a contract or agreement. However, such waivers or modifications may not be enforceable if they violate public policy or other legal principles.

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Disclaimer

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: 17th April 2024.

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