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NeCede's

Maxim 5.4.32

The wrong-doer shall never be heard in court to claim that his felony, or other wrong, gives him any advantage as a defense.

Source: Wharton, III-346 Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A wrongdoer cannot invoke his own crime or tort as a shield in court — no man profits from his own wrong, and the law will not hear a defense built on the defender's own misconduct.

Where this applies

  • A burglar breaks into a house, gets injured on a broken step, and tries to sue the homeowner for negligence — the court refuses to let him profit from his own crime.
  • A drunk driver who caused an accident tries to argue that the other driver's insurance should cover his medical bills, but the court will not let his own wrongdoing become his defense.
  • An embezzler claims the company owed him the money he stole as back pay, but the court holds that his felony cannot serve as the basis for a legal claim.

Legal domains

Cite this maxim

NeCede Max. 5.4.32 — The wrong-doer shall never be heard in court to claim that his felony, or other wrong, gives him any advantage as a defense. — Wharton, III-346

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