Pari delicto potior est conditio defendentis
| Literal meaning | Where both are equally at fault, the defendant's position is stronger |
|---|---|
| Pronunciation | PAH-ree deh-LIK-toh POH-tee-or est kon-DIK-tee-oh deh-fen-DEN-tis |
When both sides are equally at fault in an illegal transaction, the court helps neither. The party in possession keeps what he has.
Example
Two persons agree to an illegal deal, and one pays the other money. When the deal fails, the court will not order the money back.
Exceptions / limits
A party who is less guilty, for example one who was forced or deceived, may be allowed to recover.
Exam tip
Asked with illegal agreements and restitution.
Memory trick
Both guilty, court says no.
Key takeaway
Where both parties are equally at fault, the court leaves them where they are.
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