Ex Turpi Causa and Immoral Behaviour in the Tort Context

James Goudkamp, ‘Ex Turpi Causa and Immoral Behaviour in the Tort Context’ (2011) 27 Law Quarterly Review pp.354–358.

3 Pages Posted: 1 Mar 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2011

Abstract

Discusses uncertainty surrounding the scope of ex turpi causa in terms of immoral behaviour in the context of tort of the Queen's Bench Division rulings in: (1) Nayyar v Denton Wilde Sapte relating to the role of a solicitor, advising in a personal capacity a consortium of travel agents which paid an unrewarded bribe to an Indian official in order to secure rights to sell Air India flight tickets in the UK; and (2) Safeway Stores Ltd v Twigger on whether a damages claim by a company subject to an anti-competitive practices finding against directors and employees allegedly responsible for those practices should be struck out under the Competition Act 1998.

Keywords: tort, defences, illegality

JEL Classification: K13

Suggested Citation

Goudkamp, James, Ex Turpi Causa and Immoral Behaviour in the Tort Context (2011). James Goudkamp, ‘Ex Turpi Causa and Immoral Behaviour in the Tort Context’ (2011) 27 Law Quarterly Review pp.354–358., Available at SSRN: https://ssrn.com/abstract=2740313

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

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