Development
In the early case of Holman v Johnson Lord Mansfield CJ set out the rationale for the illegality doctrine.
| “ | The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may say so. The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both were equally in fault, potior est conditio defendentis. | ” |
Read more about this topic: Ex Turpi Causa Non Oritur Actio
Famous quotes containing the word development:
“They [women] can use their abilities to support each other, even as they develop more effective and appropriate ways of dealing with power.... Women do not need to diminish other women ... [they] need the power to advance their own development, but they do not “need” the power to limit the development of others.”
—Jean Baker Miller (20th century)
“Understanding child development takes the emphasis away from the child’s character—looking at the child as good or bad. The emphasis is put on behavior as communication. Discipline is thus seen as problem-solving. The child is helped to learn a more acceptable manner of communication.”
—Ellen Galinsky (20th century)
“Fascism, the more it considers and observes the future and the development of humanity, quite apart from political considerations of the moment, believes neither in the possibility nor the utility of perpetual peace.”
—Benito Mussolini (1883–1945)