Maxim 7.2.4
No right of action arises from fraud.
Ex dolo malo non oritur actio.
Source: Cowp. 341; Broom, Max. 729; Phelps v. Decker, 10 Mass. 276
Difficulty 1/5 — Foundational
Explanation
A party who has himself engaged in fraud cannot invoke the courts to enforce an advantage gained by that fraud — the law will not assist the fraudulent.
Where this applies
- A con artist is suing someone for breach of a contract that was itself fraudulent.
- Someone who committed fraud is trying to use the courts to profit from their own scheme.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 7.2.4 — No right of action arises from fraud. — Cowp. 341; Broom, Max. 729; Phelps v. Decker, 10 Mass. 276 (Ex dolo malo non oritur actio.)
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