Ex turpi causa non oritur actio

Ex turpi causa non oritur actio means that no action arises from a base cause. A claimant cannot found a claim on his own illegal or immoral conduct, and the court will not assist a person who must rely on such conduct to establish his case. The principle rests on public policy: it protects the integrity of the legal system rather than the defendant, who may well benefit from it.

In contract the maxim is reflected in Section 23 of the Indian Contract Act, 1872. The consideration or object of an agreement is unlawful if it is forbidden by law, is of such a nature that if permitted it would defeat the provisions of any law, is fraudulent, involves or implies injury to the person or property of another, or is regarded by the court as immoral or opposed to public policy. Every agreement of which the object or consideration is unlawful is void. A party therefore cannot sue to enforce such an agreement or to recover damages for its breach. Section 24 extends this to agreements in which any part of a single consideration or object is unlawful.

The maxim is often paired with in pari delicto potior est conditio defendentis: where both parties are equally at fault, the position of the defendant is stronger. Money or property handed over under an illegal agreement generally cannot be recovered where the parties are equally guilty. Where the parties are not in pari delicto, for instance where one was induced by fraud or oppression or belongs to a class the law was meant to protect, the court may allow recovery.

In tort, the maxim operates as a defence of illegality where the claimant's loss arises from his own criminal participation, though courts apply it with care and do not deny every claim merely because the claimant was acting unlawfully at the time. Examiners test the link with Section 23, the meaning of the maxim in match-the-following questions, and the contrast with volenti non fit injuria, which rests on consent rather than illegality.