In pari delicto
In pari delicto , Latin for "in equal fault ", is a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance in question is a crime or tort. The doctrine is subject to a number of exceptions, including that the plaintiff must be an active, voluntary participant in the wrongful conduct, the plaintiff's wrongdoing must be at least substantially equal to or greater than that of the defendant, the "adverse interest" exception, and the "innocent insider" exception.
The doctrine
The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of equal wrongdoing by both parties, or greater culpability on the part of the plaintiff. The phrase means, in essence, that if both parties are equally at fault or the plaintiff is at greater fault, the court will not involve itself in resolving one side's claim over the other, and whoever possesses whatever is in dispute may continue to do so in the absence of a superior claim. It is an equitable defense.The doctrines of comparative fault and contributory negligence are not the same as in pari delicto, though all of these doctrines have related policy rationale underpinnings.