both parties are equally at fault, both sides committed errors that were equally unjust or negligent (Latin)
In pari delicto,
Latin for "in equal fault," is a legal term used to indicate that two persons or entities are equally at fault, whether the
malfeasance in question is a
crime or
tort. The phrase is most commonly used by
courts when relief is being denied to both parties in a
civil action because of wrongdoing by both parties. The doctrine is similar to the defense of
unclean hands, both of which are equitable defenses. Comparative fault and contributory negligence are not the same as in pari delicto, though all of these doctrines have similar policy rationales.
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