Claimants Behaving Badly

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Claimants Behaving Badly

Does the illegality doctrine apply to tort

claims?

When might a defence based on the ex turpi or

illegality principle be successful in a tort case? The ex

turpi rule (or ex turpi causa non oritor actio, to

give the principle its full name) is that no legal action based on

illegality can succeed.

For many years, the courts adopted a flexible approach to the

principle in tort cases, as the seriousness of the illegality could

vary. A public conscience test...

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