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Plaintiff the wrongdoer (ex turpi causa) and the plaintiff's default

LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit II: Plaintiff’s default / plaintiff the wrongdoer. · LLB · 60 min

A plaintiff whose own illegal or wrongful conduct is closely bound up with the harm he suffered may be refused a remedy: ex turpi causa non oritur actio. This lecture explains the maxim and its source in Holman v. Johnson, the rule that a wrongdoer is not an outlaw (Bird v. Holbrook, Revill v. Newbery), the joint illegal enterprise cases (Pitts v. Hunt, Ashton v. Turner, National Coal Board v. England), the requirement of a close connection between the wrong and the harm, the plaintiff's own default as an exception to Rylands v. Fletcher, and the relation of the defence to contributory negligence. It answers 2025-26 Q2(a)(i).

Objectives

Slides

  1. The maxim and its basis
  2. A wrongdoer is not an outlaw: Bird v. Holbrook (1828)
  3. The close-connection test
  4. Joint illegal enterprise: Pitts v. Hunt (1991)
  5. Ashton v. Turner (1981) and National Coal Board v. England (1954)
  6. Revill v. Newbery (1996): the burglar who recovered
  7. Plaintiff's default as an exception to Rylands v. Fletcher
  8. Plaintiff's default and contributory negligence
  9. The Indian position

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