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
Date Written: 2011
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: Suggested Citation