In Pari Delicto Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of In Pari Delicto, written in plain English, along with examples of how it is used.

What is In Pari Delicto?

A latin phrase meaning ” equal fault”. It normally is used a legal term or doctrine whereby both parties of the lawsuit are found to be equally at a fault due to which none of them will be able to claim anything from each other in the court.

History and Meaning of In Pari Delicto

In Pari Delicto is a Latin term that literally means "in equal fault." This term is commonly used in legal cases and it refers to a doctrine whereby both parties are equally at fault and therefore cannot bring any claim against the other party. The concept of In Pari Delicto originated from the English common law system and is still in use in many jurisdictions.

The basic idea behind In Pari Delicto is that if both parties have engaged in illegal or immoral behavior that caused the dispute, then they are equally responsible for the harm that has occurred. As a result, neither party can seek relief from the courts for any damages they may have suffered. Essentially, the principle of In Pari Delicto aims to discourage wrongful conduct and prevent illegal behavior from being protected by the courts.

Examples of In Pari Delicto

  1. In a case where two business partners engage in illegal conduct, such as insider trading, and one of them sues the other for breach of contract, the defense of In Pari Delicto can be raised by the defendant. This means that because both parties engaged in illegal activity, neither can claim the other owes them anything.

  2. When two individuals enter into an illegal agreement, such as prostitution, and one of them fails to fulfill their end of the bargain, they cannot seek legal action against the other party on the basis of In Pari Delicto.

  3. Two individuals enter into a partnership for an illegal business venture. The venture fails and they each lose money. Neither party can seek legal recourse against the other because they were both equally at fault for engaging in an illegal activity.

Legal Terms Similar to In Pari Delicto

  1. Contributory negligence: a legal doctrine that holds that if an individual contributes to their own loss or injury, they cannot seek full damages from the other party.

  2. Clean hands doctrine: a legal principle that requires parties to be free from illegal or unethical conduct when they come to court seeking relief.

  3. Vicarious liability: a legal principle that allows one party to be held responsible for the actions of another party.