ex turpi causa non oritur actio

Ex turpi causa non oritur actio is usually used in its abbreviated form, ex turpi causa, is a maxim of English law which prevents the courts being used to obtain benefits from as a result of the claimant's own illegal conduct.

The ground of defence in recent years would have regard to the degree of illegality of the illegality in question and whether it would shock or affront the public conscience. Ex turpi causa applies where the wrongdoing is personal, or primary, but not where it would arise by vicarious liability.

Maxim: Ex Turpi Causa non oritur actio

At its most basic, the maxim acts a defence to fraudulent claims, whether by fraudulent acts underlying the cause of action, fabrication of evidence, civil claims being made. Public policy in respect of contractual obligations is that:

1. a court will not enforce a contract which is expressly or impliedly forbidden by statute or that is entered into with the intention of committing an illegal act; and
2. a court will not assist a claimant to recover a benefit from his own wrongdoing.

This extends to claims for compensation or an indemnity in respect of the adverse consequences of the wrongdoing. Where a claimant seeks to enforce a contract, the claim will be defeated by the defendant if it is shown that the contract was for an unlawful purpose, even though the claimant does not assert the illegal purpose in making the claim.

However, the general principle is that once title has passed, it cannot be attacked on the basis that it passed pursuant to an illegal transaction. If the title can be asserted without reliance on the illegality, the defendant cannot rely on the illegality to defeat the title of the buyer.

[Latin: no disgraceful matter can ground an action]