Legal Definitions - ob turpem causam

Ob turpem causam is a Latin legal principle that translates to "for an immoral or disgraceful reason." It refers to situations where an agreement, contract, or obligation is founded upon a purpose or consideration that is deemed illegal, unethical, or contrary to public policy.

In essence, if the underlying reason or exchange for an agreement is morally reprehensible or unlawful, the law will not recognize or enforce that agreement. This means that neither party can legally compel the other to fulfill their part of the bargain, nor can they seek damages for a breach, because the entire foundation of the agreement is tainted.

• Example 1: Agreement to Commit a Crime

  Imagine a scenario where a person, Sarah, pays another individual, Mark, a sum of money to hack into a competitor's computer system and steal sensitive business data. If Mark takes the money but fails to perform the hacking, Sarah cannot sue Mark in court to recover her payment or force him to complete the illegal act. The agreement between Sarah and Mark is considered ob turpem causam because its entire purpose is to facilitate a criminal offense. Therefore, the law will not enforce such an agreement.

• Example 2: Contract for Unethical Influence

  Consider a situation where a wealthy individual offers a significant payment to a local government official in exchange for the official using their position to unfairly fast-track a zoning permit for a controversial development project. If the official accepts the money but then fails to deliver on the promise of undue influence, the wealthy individual cannot legally demand a refund or compel the official to act. This agreement is ob turpem causam because the consideration—the abuse of public office for private gain—is disgraceful and against public trust, making the contract unenforceable.

• Example 3: Lease for an Illegal Enterprise

  Suppose a landlord knowingly rents out a commercial property to a tenant with the explicit understanding that the tenant will use the premises to operate an illegal gambling den. The lease agreement might even include an inflated rent amount to compensate the landlord for the risk of their complicity. If the tenant later defaults on rent payments, the landlord would likely be unable to enforce the lease in court. Even though a lease is typically a valid contract, in this instance, it is ob turpem causam because its fundamental purpose is to facilitate an illegal activity, rendering it unenforceable by law.