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NeCede's

Maxim 8.5.34

No action arises out of an immoral consideration.

Source: 2 Peters (27 U.S.) 539; Cycl. Diet. 375; Weisman, 75m Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A cause of action founded on an immoral or illegal consideration is void — the courts will not enforce agreements rooted in wrongdoing.

Where this applies

  • A hitman cannot sue his client for failing to pay the agreed fee for a murder, because no court will enforce a contract rooted in an illegal act.
  • A gambler in a state where gambling is illegal cannot sue to collect on an unpaid bet, because the underlying consideration is unlawful.
  • A party to a bribery scheme cannot sue the other party for failing to deliver the promised kickback, because no action arises from an immoral agreement.

Legal domains

Cite this maxim

NeCede Max. 8.5.34 — No action arises out of an immoral consideration. — 2 Peters (27 U.S.) 539; Cycl. Diet. 375; Weisman, 75m

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