Question

'Ex dolo malo non oritur actio' is

• A. An action arose only when a right infringes
• B. An actions could not prevent a legal right
• C. An action can not arise from an immoral act
• D. None of the above

Hint:

Legal maxims are frequently asked in law exams. Create a list of important Latin maxims with their translations and a one-line explanation or a key case. Group them by subject (Torts, Contracts, Criminal Law) for easier recall.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
'Ex dolo malo non oritur actio' is a legal maxim from Roman law, which has been incorporated into common law systems. It is a principle of public policy.
Step 2: Detailed Explanation:
Let's break down the Latin phrase:
- Ex: From
- Dolo malo: Fraud, deceit, or an immoral/illegal act.
- Non oritur: Does not arise.
- Actio: An action or a right of action (a right to sue).
The full translation is: "From a fraud, a right of action does not arise."
In a broader sense, it means that a court will not lend its aid to a person who founds their cause of action upon an immoral or an illegal act. If the plaintiff must rely on their own illegal or immoral conduct to establish their claim, their claim will fail.
Option (C) "An action can not arise from an immoral act" is the closest and most accurate interpretation among the given choices. It captures the essence of the maxim. Option (A) is a poorly phrased reference to 'injuria sine damno'. Option (B) is incorrect.