Ex Turpi Causa Non Oritur Actio: What It Means and Its Legal Significance

Q: Can I sue someone if we were both involved in an illegal act?

Generally, no. If your claim arises from illegal conduct, you may be barred from suing.

Q: Are there exceptions to this rule?

Yes, courts may allow exceptions based on public policy considerations in certain cases.

Definition & Meaning

The term "ex turpi causa non oritur actio" translates to "from a dishonorable cause, an action does not arise." This legal principle asserts that individuals cannot pursue legal action if their claim is based on their own illegal or immoral conduct. In other words, if someone engages in an unlawful act, they may be barred from seeking legal remedies related to that act. This doctrine is commonly applied in various areas of law, including contract law, tort law, and trusts.

Table of content

Legal Use & context

This principle is primarily used in civil law contexts, particularly in cases involving contracts and torts. For example, if two parties enter into a contract that is illegal, neither party can enforce the contract in court. Additionally, if one person is injured while committing a crime with another, they may not be able to sue for damages. Users can manage some of these situations using legal templates available through US Legal Forms, which provide guidance on how to navigate these complex legal issues.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: Two individuals enter into a contract to sell illegal drugs. If one party fails to deliver the drugs, the other cannot sue for breach of contract because the contract is based on illegal activity.

Example 2: A person is injured while participating in a robbery. They cannot sue their accomplice for damages related to their injuries since the injury occurred during the commission of a crime. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State	Legal Context
California	Strongly applies the ex turpi causa doctrine in contract disputes.
New York	Similar application, but may allow recovery in certain cases if public policy permits.
Texas	Generally follows the doctrine, with specific exceptions for public interest cases.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Difference
Illegality Defense	A defense used to prevent enforcement of contracts based on illegal acts.	Ex turpi causa is a broader principle that applies to various legal actions, not just contracts.
Public Policy	Legal principles that encourage fairness and justice in society.	Public policy may allow exceptions to ex turpi causa in some cases, while it does not apply to the illegality defense.

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation where ex turpi causa may apply, consider the following steps:

Review the circumstances surrounding your legal issue to determine if it involves illegal conduct.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates and resources that may help you navigate your situation.

In complex cases, seeking professional legal help is advisable to ensure you receive appropriate guidance.

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Quick facts

Typical use: Civil law, particularly in contracts and torts.
Key principle: No legal action arises from illegal conduct.
Potential outcomes: Dismissal of claims or inability to enforce contracts.

Key takeaways

Frequently asked questions

What does ex turpi causa mean?

It means that a legal action cannot arise from a dishonorable or illegal cause.