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NeCede's

Maxim 7.5.5

When both parties are equally at fault, the position of the possessor (or defendant) is the stronger.

In pari delicto potior est conditio possidentis (vel defendentis).

Source: Dig. 50, 17, 154; 4 T.R. 270; Broom, Max. 325 Difficulty 2/5 — Approachable

Explanation

Where both parties are equally guilty, the court will not intervene to shift the advantage — it leaves the loss where it finds it.

Where this applies

  • Both the buyer and the seller were committing fraud — neither can sue the other.
  • Both parties broke the contract — the court leaves things where they are.

Legal domains

contractequity

See also

Cite this maxim

NeCede Max. 7.5.5 — When both parties are equally at fault, the position of the possessor (or defendant) is the stronger. — Dig. 50, 17, 154; 4 T.R. 270; Broom, Max. 325 (In pari delicto potior est conditio possidentis (vel defendentis).)

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