No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. The principle of public policy is this : ex dolo malo non oritur actio. It is not for his sake, however, that the objection is ever allowed but it is founded in general principles of policy, which the defendant has the advantage of, contrary to real justice, as between him and the plaintiff, by accident, if I may say so. In this case Lord Mansfield CJ explained this principle as : The objection, sounds at all times very ill in the month of defendant. Therefore the court of justice will decline its aid to enforce the contract which was wrongfully entered into. At the last minute B refused to perform the contract. This maxim means that a man cannot be permitted to take advantage of his own wrong, he will not be allowed to find any claim upon his own iniquity.Ī contact was entered into by A and B to murder C. The maxim lies at the foundation of a general rule of public policy, the rule that the courts will not sustain an action which arises out of the moral turpitude of the plaintiff or out of his violation of a general law enacted to carry into effect the public policy of the state or nation. They concluded that dolus malus means every kind of craft, guile or machination, intentionally employed for the purpose of deception, cheating or circumvention. In the first place the word dolus was understood by the Roman jurists to include every intentional misrepresentation of the truth made to induce another to perform an act which he would not else have undertaken. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Indian Constitution Fundamental Duties (भारतीय संविधान मूल कर्तव्य)Ī right of action cannot arise out of fraud.Įx dolo malo non oritur actio is a Latin maxim which means ‘no right of action can have its origin in fraud’.
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