In pari delicto (potior/melior est conditio possidentis), Latin for "in equal fault (better is the condition of the possessor)", is a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance in question is a crime or tort. The doctrine is subject to a number of exceptions, including that the plaintiff must be an active, voluntary participant in the wrongful conduct, the plaintiff's wrongdoing must be at least substantially equal to or greater than that of the defendant, the "adverse interest" exception, and the "innocent insider" exception.
The doctrine
The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of equal wrongdoing by both parties, or greater culpability on the part of the plaintiff.
The doctrines of comparative fault (a doctrine of tort law that compares the fault of each party in a lawsuit for a single injury) and contributory negligence (applicable when plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered) are not the same as in pari delicto, though all of these doctrines have related policy rationale underpinnings.
Exceptions to the doctrine
Judge George B. Daniels of the Southern District of New York held in 2010 in SEC v. Lee, 720 F. Supp. 2d 305, that:
See also
- Equitable remedy
- Equity (law)
- Nemo auditur propriam turpitudinem allegans
- Pot calling the kettle black
- Tu quoque