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in pari delicto doctrine

Definition

Legal principle that if two parties in a dispute are equally at fault then the party in possession of the contested property gets to retain it (courts will not interfere with the status quo). It implies that if a party whose action (or a failure to act) precipitates breach of a contract, or which fails to take appropriate action (or takes inappropriate action) to limit or recoup a loss, may not claim damages. The full Latin form of this doctrine is 'in pari delicto potior est conditio possidentis.' See also dirty hands doctrine.


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