Academic literature on the topic 'Ex turpi causa non oritur actio'

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Journal articles on the topic "Ex turpi causa non oritur actio"

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Jung Sang-Hyun. "On the effect of illegal contract and the maxim ex turpi causa non oritur actio in common law." SungKyunKwan Law Review 24, no. 2 (June 2012): 221–52. http://dx.doi.org/10.17008/skklr.2012.24.2.009.

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Akhtar, Zia. "Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations." European Review of Contract Law 17, no. 1 (March 12, 2021): 54–81. http://dx.doi.org/10.1515/ercl-2021-0003.

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Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offered terms which infringe the legislation such as the Immigration Acts and the Modern Slavery Act 2015. The question in this paper is the scope of the public policy requirements that courts take into account when the contracts are unenforceable for illegality based on infringements of the human rights framework and ECHR legal precedence.
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Hopkins, C. A. "AN UNLUCKY ESCAPE." Cambridge Law Journal 61, no. 2 (June 24, 2002): 239–94. http://dx.doi.org/10.1017/s0008197302271603.

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Carlo Vellino, who had numerous convictions for burglary, theft and other offences, received frequent visits in his second-floor flat from the police. To their knowledge, he often sought to evade arrest by leaving through a window, normally lowering himself to the ground from a balcony. In September 1994 three police officers arrested him in the flat for failure to appear in court. In circumstances of which there was conflicting evidence, the two officers who were holding Vellino let go of him, and he leaped out of the window, fracturing his skull when he hit the ground. He claimed damages for the resulting brain damage and tetraplegia, alleging that the Chief Constable was vicariously liable for the officers’ negligence. The Court of Appeal (Schiemann L.J. and Sir Murray Stuart-Smith, Sedley L.J. dissenting) upheld Elias J.’s decision to dismiss the claim, on the grounds that: (i) the police owed an arrested person no duty to take care that he was not injured in a foreseeable attempt to escape from lawful custody; (ii) the claimant was the author of his own misfortune; and (iii) as a matter of policy he should not be allowed to base a claim on his own criminal act of escaping from lawful custody (ex turpi causa non oritur actio): Vellino v. Chief Constable of the Greater Manchester Police [2001] EWCA Civ 1249, [2002] 1 W.L.R. 218.
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Dissertations / Theses on the topic "Ex turpi causa non oritur actio"

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Frohm, Markus. "Hanteringen av avtal i strid med lag eller goda seder - en kartläggning och en kritik." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-431934.

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Book chapters on the topic "Ex turpi causa non oritur actio"

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Horton Rogers, W. V. "Ex Turpi Causa Non Oritur Actio." In Liber Amicorum Pierre Widmer, 293–317. Vienna: Springer Vienna, 2003. http://dx.doi.org/10.1007/978-3-7091-6094-7_18.

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Bermingham, Vera, and Carol Brennan. "8. Negligence: occupiers’ liability." In Tort Law Directions. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198805359.003.0008.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The claimant has the burden of establishing liability for the tort while the defendant has the burden of establishing the defence. If the claimant establishes a successful cause of action in tort, the defendant must plead one (or more) of the defences available to him. If the defendant establishes a successful defence, either his liability for the damage may be reduced or he may be totally absolved from liability. This chapter examines general defences applicable to all torts but which have particular relevance to claims in negligence, focusing on contributory negligence, volenti non fit injuria, and ex turpi causa non oritur actio.
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Brennan, Carol, and Vera Bermingham. "6. Defences to negligence." In Tort Law Directions, 146–64. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853923.003.0006.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The claimant has the burden of establishing liability for the tort while the defendant has the burden of establishing the defence. If the claimant establishes a successful cause of action in tort, the defendant must plead one (or more) of the defences available to him. If the defendant establishes a successful defence, either his liability for the damage may be reduced or he may be totally absolved from liability. This chapter examines general defences applicable to all torts but which have particular relevance to claims in negligence, focusing on contributory negligence, volenti non fit injuria, and ex turpi causa non oritur actio.
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Dyer, Dr Karen. "11. General Defences." In Concentrate Questions and Answers Tort Law, 161–74. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198745297.003.0011.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses general defences, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the concept of negligence; the Occupier's Liability Acts; the defence of volenti non fit injuria; the defence of contributory negligence and the Law Reform (Contributory Negligence) Act 1945; and the defence of illegality — ex turpi causa non oritur action.
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