legal maxim

The maxim literally means “a right of action cannot arise out of fraud”. This maxim forms its basis on the fact that the law will never will never help someone who founds his case on fraud using intentional misrepresentation, deception or cheating. It forms the basis of the general principle of public policy which believes that a person who has based his arguments on immoral grounds cannot be allowed to fight for it before the court. This maxim is used basically in the Law of Contract when the contract which was made for some illegal object is not fulfilled. In such case, the illegality of the contract is not disregarded by the Court, just because the plaintiff has brought a case before the Court.

Marshall v. Lovell

In this case, the appellant, Marshall, wanted to recover a property or its value which he had bestowed upon the respondent in return of executing an agreement which was not legal. The court referred to the use of the maxim of “Ex Dolo Mola Actio Non Oritur” and observed that in such cases, never was any party allowed to recover the property. The Court held that neither party deserved any aid from the Court. They should be left as they are and should stop bothering others too.

Major v. Canadian Pacific Railway

In this case, Major, the appellant had bought liquor only to sell it again illegally. On this way to the destination, a part of the liquor was stolen before delivery. Major had brought a case in front of the Court in order to claim his damages. The Court held that since the object of such a contract was void, the appeal had to be dismissed. Referring to the maxim of “Ex Dolo Malo Actio Non Oritur”, the Court also observed that such cases cannot be entertained before the Court of Law.