Ex turpi causa non oritur actio: Meaning, Explanation, Examples & Case Laws

Literal meaning	No action arises from a base cause
Pronunciation	ex TUR-pee COW-za non OR-ih-tur AK-tee-oh

A court will not help a person who bases a claim on their own illegal or immoral act. A wrongdoer cannot profit from their wrong.

Example

Two burglars fall out over the division of the stolen goods, and one sues the other for his share. The court will not hear the claim.

Case laws

Holman v. Johnson (1775), England: Lord Mansfield stated that no court will lend its aid to a man who founds his cause of action on an immoral or illegal act.
Patel v. Mirza (2016), UK Supreme Court: the court should look at the purpose of the rule broken and the effect of denying the claim, not apply the rule mechanically.

Statutory link

Section 23 of the Indian Contract Act, 1872: an agreement is void if its object is unlawful, immoral or against public policy.

Exceptions / limits

The rule is not applied where the claimant is innocent of the wrong or less at fault than the defendant.

Exam tip

Asked with illegality in contract and tort.

Memory trick

Dirty hands, closed door.

Key takeaway

A claim founded on one's own illegal act will fail.