At first instance, the judge awarded damages on the basis that the defendant had used violence in excess of the reasonable limits allowed by lawful self-defence and was negligent to the standard of care expected of a reasonable man who found himself in such a situation. On hearing the plaintiff trying to break in, he shot his gun through a hole in the shed, injuring the plaintiff. For example, in Revill v Newbery an elderly allotment holder was sleeping in his shed with a shotgun, to deter burglars.
In Hewison v Meridian Shipping Services Pte Ltd, an employee who had obtained his position by concealing his epilepsy was held not to be entitled to claim compensation for future loss of earnings as a result of his employer's negligence, since his deception (resulting in a pecuniary advantage contrary to the Theft Act 1968) would prevent him from obtaining similar employment in future. If two burglars, A and B, agree to open a safe by means of explosives, and A so negligently handles the explosive charge as to injure B, B might find some difficulty in maintaining an action for negligence against A. In National Coal Board v England, Lord Asquith said, In the law of tort, the principle would prevent a criminal from bringing a claim against (for example) a fellow criminal. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it for where both were equally in fault, potior est conditio defendentis. It is upon that ground the court goes not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. The principle of public policy is this ex dolo malo non oritur actio. It is not for his sake, however, that the objection is ever allowed but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may say so. The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. In the early case of Holman v Johnson Lord Mansfield CJ set out the rationale for the illegality doctrine. Main article: Illegality in English law Development The UK Supreme Court provided a thorough reconsideration of the doctrine in 2016 in Patel v Mirza. Particularly relevant in the law of contract, tort and trusts, ex turpi causa is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue. ( January 2019) ( Learn how and when to remove this template message)Įx turpi causa non oritur actio ( Latin "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act.
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Delict (term used for torts in some civil and mixed legal systems).Negligent infliction of emotional distress.Intentional infliction of emotional distress.
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