In pari delicto

The doctrine

The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of equal wrongdoing by both parties, or greater culpability on the part of the plaintiff. The phrase means, in essence, that if both parties are equally at fault or the plaintiff is at greater fault, the court will not involve itself in resolving one side's claim over the other, and whoever possesses whatever is in dispute may continue to do so in the absence of a superior claim. It is an equitable defense.

The doctrines of comparative fault (a doctrine of tort law that compares the fault of each party in a lawsuit for a single injury) and contributory negligence (applicable when plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered) are not the same as in pari delicto, though all of these doctrines have related policy rationale underpinnings.

Exceptions to the doctrine

Judge George B. Daniels of the Southern District of New York held in 2010 in SEC v. Lee, 720 F. Supp. 2d 305, that:

References

References

1. Broom, Herbert. (1900). "A Selection of Legal Maxims: Classified and Illustrated". Sweet and Maxwell, Limited.
2. 9781422486559.
3. 9781454887140.
4. "SEC v. Lee, 720 F. Supp. 2d 305 – (United States District Court, S.D. New York; 2010)".