Nullus commodum capere potest de injuria sua propria
| Literal meaning | No one can take advantage of his own wrong |
|---|---|
| Pronunciation | NUL-us kom-OH-dum KAP-eh-ray POH-test day in-JOO-ree-ah SOO-ah PROH-pree-ah |
A person cannot gain a benefit from their own wrongful act. A party who stops the other from performing cannot then rely on the failure.
Example
A buyer refuses to accept delivery at the agreed place, then claims the seller broke the contract by failing to deliver. He cannot rely on his own refusal.
Statutory link
Section 53 of the Indian Contract Act, 1872: when a party prevents the other from performing the promise, the contract becomes voidable at the option of the party who was prevented.
Exam tip
Asked with prevention of performance under Section 53.
Memory trick
Do not profit from your own foul play.
Key takeaway
A person cannot benefit from their own wrong.
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