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Applying the ex turpi causa principle in tort actions

Todd, Stephen


Stephen Todd


An appropriate basis for denying the recovery of damages in tort on the ground that the plaintiff has been guilty of illegal wrongdoing has for long been a matter of debate in the common law courts. We can find a number of different justifications in the cases, with significant contributions being made by the House of Lords and the UK Supreme Court, the High Court of Australia, and the Supreme Court of Canada. The article examines the various arguments, makes suggestions as to what is helpful and what is not, and concludes by identifying the key questions to ask in any case where the illegality issue is raised.


Todd, S. (2014). Applying the ex turpi causa principle in tort actions

Journal Article Type Article
Acceptance Date Nov 1, 2014
Publication Date 2014-12
Deposit Date Jul 20, 2016
Journal Journal of International and Comparative Law
Electronic ISSN 2313-3775
Peer Reviewed Peer Reviewed
Volume 1
Issue 2
Keywords criminal responsibility, duty of care, illegality defence, justifications, negligence, tort liability, volenti non fit injuria
Public URL
Copyright Statement Copyright information regarding this work can be found at the following address:

This file is under embargo due to copyright reasons.

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