Maxim 8.5.43
A right of action can not arise out of fraud.
Source: Cowp. 343; Broom, Max. 729; Weisman, 75aa; Weisman, 105i
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A party who obtained his position through fraud cannot maintain an action to enforce it — fraud vitiates everything it touches and bars the fraudster from judicial relief.
Where this applies
- A company that obtained a government contract through bribery cannot sue a competitor for interfering with that contract, because the contract was born of fraud.
- A man who forged a deed to a house cannot bring an action to quiet title, because his claim to the property arose from fraud.
- A business that secured a loan by submitting false financial statements cannot sue the bank for refusing to extend additional credit, because the original right was obtained by deception.
Legal domains
Cite this maxim
NeCede Max. 8.5.43 — A right of action can not arise out of fraud. — Cowp. 343; Broom, Max. 729; Weisman, 75aa; Weisman, 105i
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