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The defence of illegality more commonly known as the Latin maxim of Ex Turpi Causa Non Oritor Actio (referred to as ex turpi) arises in a number of situations as I will discuss.
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WORD COUNT: 1,485 The defence of illegality more commonly known as the Latin maxim of Ex Turpi Causa Non Oritor Actio (referred to as ex turpi) arises in a number of situations as I will discuss. It seems the courts are more willing to allow a claimant to claim for an action in tort if the claimant was injured as a result of the defendants' actions which was not in connection with the crime itself. Ex turpi is normally confined to contract and trust cases and is not recognised in much of the commonwealth legal systems1, but it has become well known in our own law of tort. It has been held that the courts will not assist a man who has founded his actions upon an immoral or illegal action, as public policy dictates2. The courts will however award damages for compensation, which the claimant has suffered, but not allow him...
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