Maxim 11.1.31
No person, by his own transgression, can create a cause of action in his own favor, against another.
Source: Briggs v. Easterly; Wharton, III-215
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A wrongdoer cannot manufacture a cause of action from his own transgression — the law will not allow a party to benefit from his own wrong.
Where this applies
- A man trespasses on his neighbor's land, injures himself on a hazard there, and then sues the neighbor for unsafe conditions — the court dismisses the suit because the trespasser created his own exposure to danger.
- A company illegally dumps waste on another's property and then sues the landowner for 'contaminating' the company's adjacent well — you cannot create a cause of action from your own wrongdoing.
- A tenant who deliberately breaks a pipe to flood the apartment cannot sue the landlord for water damage.
Cite this maxim
NeCede Max. 11.1.31 — No person, by his own transgression, can create a cause of action in his own favor, against another. — Briggs v. Easterly; Wharton, III-215
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