Maxim 6.3.10
No contract can arise from an act radically wrong and illegal.
Ex maleficio non oritur contractus.
Source: 1 Term 734; 3 Term 422; Broom, Max. 734; Jackson 247; Weisman, 24z
Difficulty 1/5 — Foundational
Explanation
An agreement rooted in illegality is void ab initio — no man gains rights by his own wrongdoing.
Where this applies
- A contract that was formed through bribery of a public official is void from the start.
- An agreement made through an illegal kickback scheme can't be enforced.
Topics
See also
Cite this maxim
NeCede Max. 6.3.10 — No contract can arise from an act radically wrong and illegal. — 1 Term 734; 3 Term 422; Broom, Max. 734; Jackson 247; Weisman, 24z (Ex maleficio non oritur contractus.)
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