Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLE: A right of action cannot arise out of an illegal activity.

FACTUAL SITUATION: A and B were thieves engaged in stealing cars and other vehicles. One day they stole a car and while driving through a city, they engaged a driver to drive them through the city, as they did not know the route inside the city. As the indicator lamp of the car was not working and the thieves were unaware of this, they did not tell about it to the driver due to which another car belonging to X was damaged and his driver suffered injuries. X and his driver filed a suit for damages against A and B.
DECIDE:

• A. X and his driver would lose, because he was injured by a stolen car.
• B. X and his driver would win, because they were not a party to the stealing.
• C. X and his driver would win, because their car was illegally hit.
• D. None of the above.

Answer 1

Answer: (B)

X and his driver would win, because they were not a party to the stealing.

Ex turpi causa non oritur action which means from a dishonourable cause an action does not arise in latin. This legal doctrine stipulates that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act. Under law of tort, principle aims to prevent a criminal from bringing a claim against a fellow criminal. Hence, X and his driver would win since they were not a party to the stealing.