Tort | Negligence
Absolute Defence: Illegality
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Absolute Defences: Illegality
[Flash Card 1 of 1]
- maxim:
ex turpi causa non oritur actio
/ no action arises from a disgraceful cause - C's conduct: must be very closely connected with illegality / if not defence fails
- motorbike / P encouraged driver drunk & no licence / joint illegality / defence applied (Pitts v Hunt [1990])
- P shot by D / trespassing on allotment / defence failed: excessive force (Revell v Newbery [1996])
- negligent auditors / defence succeeded: C fraud (Stone & Rolls v Moore Stephens [2009])
- C injured train crash caused D/ C mental breakdown & killed / defence successful: contrary public policy recover for damage consequence of own criminal conduct (Gray v Thames Trains [2009])
- trading as liquidated company / D allegedly gave negligent advice / defence successful: C not recover for damage caused by own illegal act (Griffin v UHY Hacker Young & Partners [2010])
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