Legal Definitions - par delictum

Par delictum is a Latin legal principle that translates to "equal fault" or "equal wrong." It refers to a situation where two or more parties involved in a dispute are found to be equally culpable or equally responsible for an illegal or wrongful act.

When this principle applies, a court may refuse to grant relief or enforce an agreement between the parties, essentially leaving them where it found them. The underlying idea is that the court should not assist a party who is just as much at fault as the party they are suing, especially when the conduct involves illegal or morally reprehensible actions.

• Scenario: Illegal Contract for Services
  Two individuals enter into a written contract where one agrees to perform a service that is explicitly illegal under state law, and the other agrees to pay for it. After the service is partially rendered, the paying party refuses to make the final payment. The party who performed the service then attempts to sue to enforce the contract and recover the remaining payment.

  Illustration: A court would likely invoke par delictum. Both parties knowingly and willingly participated in an illegal agreement. Because they are equally at fault for entering into an unlawful contract, the court would refuse to enforce the agreement or award damages, as doing so would essentially legitimize or assist in the furtherance of an illegal scheme.

• Scenario: Conspiracy to Defraud
  Two business partners collaborate to create a fraudulent scheme, intentionally misrepresenting the financial health of their company to attract investors. After collecting a substantial amount of money, one partner absconds with a larger share than initially agreed upon, leaving the other partner feeling cheated. The second partner then attempts to sue the first to recover their "rightful" share of the ill-gotten gains.

  Illustration: Here, the principle of par delictum would apply. Both partners were equally involved in perpetrating the investment fraud. A court would not intervene to settle a dispute over the division of profits from an illegal and unethical enterprise, as both parties bear equal guilt for the underlying wrongful conduct.

• Scenario: Unenforceable Gambling Debt
  In a jurisdiction where private, high-stakes gambling is illegal, two individuals participate in an underground card game. One player accrues a significant debt to the other during the game. When the losing player refuses to pay, the winning player attempts to sue in court to collect the gambling debt.

  Illustration: The court would likely dismiss the case based on par delictum. Both individuals were equally engaged in an illegal gambling activity. Since the debt arose directly from an unlawful act in which both parties were willing participants, the court would refuse to enforce the debt, as it would be assisting one party in profiting from an activity for which both are equally culpable.