Legal Definitions - ex turpi causa

Ex turpi causa is a Latin legal principle that translates to "from a dishonorable cause" or "from an immoral consideration." It is a shortened form of the maxim ex turpi causa non oritur actio, which means "from an immoral cause, an action does not arise."

This principle dictates that a court will not assist a party who is trying to enforce a claim or agreement that is founded upon their own illegal, immoral, or unlawful act. In essence, if the very foundation of a legal claim or contract is something contrary to public policy, illegal, or unethical, the courts will refuse to grant a remedy or enforce it, preventing individuals from profiting from their own wrongdoing.

Here are some examples illustrating the application of ex turpi causa:

• Illegal Contract Enforcement:

  Imagine two individuals, Sarah and Tom, enter into a contract where Sarah agrees to pay Tom a substantial sum of money to steal a rare artifact from a museum. Tom accepts the payment but fails to deliver the stolen artifact as promised.

  If Sarah were to sue Tom for breach of contract to recover her money or compel him to steal the artifact, the court would apply the ex turpi causa principle. The entire agreement is based on an illegal act (theft). Therefore, the court would refuse to enforce the contract or grant Sarah any remedy, as doing so would be assisting in an illegal enterprise. Her claim arises directly from an unlawful consideration.

• Claim Arising from Criminal Activity:

  Consider a scenario where Mark, a drug dealer, is transporting a large quantity of illegal narcotics in his vehicle. While speeding to evade police, he crashes into a tree, sustaining severe injuries. He then attempts to sue the car manufacturer, alleging a defect in the vehicle caused his injuries to be worse than they should have been.

  A court would likely invoke ex turpi causa. Mark's injuries occurred directly while he was in the act of committing a serious crime (drug trafficking and reckless driving to evade arrest). Allowing him to recover damages for injuries sustained during the commission of a crime would be seen as condoning or indirectly assisting in criminal activity. His claim for damages arises directly from his own unlawful conduct.

• Recovery of Funds from an Unlawful Scheme:

  Suppose Emily knowingly invests a significant amount of money in a fraudulent "get-rich-quick" scheme, which she understands to be illegal and designed to deceive others, hoping to make quick profits. The scheme eventually collapses, and Emily loses all her investment. She then tries to sue the organizer of the scheme to recover her money, arguing that she was defrauded.

  While the organizer's actions are undoubtedly illegal, Emily's claim for recovery would likely be barred by ex turpi causa. Emily knowingly participated in an illegal scheme, even if she was also a victim of its collapse. The court would not assist her in recovering funds from an enterprise she willingly joined, which was contrary to public policy and illegal. The law will not help someone recover losses from an illegal venture they knowingly engaged in.