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KembaraXtra – Legal Terms – In Pari Delicto, Potior Est Conditio Possidentis
In pari delicto expresses the principle that where both parties are equally at fault in an illegal or immoral transaction, the court will not assist either party. The position of the defendant is favoured, and the claimant is denied relief.
The rule discourages unlawful conduct by refusing to allow the courts to resolve disputes arising from illegality. It reinforces the principle that the law should not be used to profit from wrongdoing.
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