Legal Definitions - versari in re illicita

Versari in re illicita is a Latin legal principle that translates to "to be engaged in an unlawful activity."

This principle is often invoked when someone seeks legal remedies or compensation for harm they suffered while they themselves were participating in an illegal act. Essentially, the law may prevent an individual from successfully claiming damages if their injury or loss was a direct consequence of their own unlawful conduct. It reflects the idea that the legal system generally does not protect individuals from the foreseeable risks and consequences of their illegal actions.

Here are a few examples to illustrate this concept:

• Illegal Street Racing: Imagine two drivers decide to engage in an illegal street race on a public road. During the race, one driver, due to their own reckless driving, crashes into the other, causing significant damage to both vehicles and injuries to both drivers. If the injured driver attempts to sue the other driver for damages, the principle of versari in re illicita might be applied. Because both drivers were participating in the unlawful activity of street racing when the accident occurred, the court might bar the injured driver's claim for damages, as their injuries arose directly from their involvement in an illegal act.

• Burglary Gone Wrong: Consider a scenario where two individuals are attempting to break into a commercial building after hours to steal valuable equipment. While inside, one of the burglars trips over a piece of their own equipment they brought, falls, and breaks an arm. If this burglar then tries to sue the building owner for negligence, claiming unsafe premises, a court could apply versari in re illicita. The injury occurred while the individual was actively engaged in the unlawful act of burglary, which could prevent them from successfully claiming damages from the property owner.

• Unlicensed and Illegal Operation: Suppose an individual is operating an unlicensed, illegal gambling den. During a raid by law enforcement, a piece of the gambling equipment, which was illegally modified, malfunctions and causes a minor injury to the operator. If the operator were to sue the manufacturer of the equipment for product liability, arguing the equipment was faulty, the court might consider the principle of versari in re illicita. Since the injury occurred in the direct course of operating an illegal business with illegally modified equipment, the operator's claim for damages could be barred because their injury stemmed from their engagement in an unlawful activity.