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NeCede's

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.

Legal domains

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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