in pari delicto

a doctrine known by the Latin phrase in pari delicto, which literally means 'of equal fault'; the doctrine has been applied in a wide variety of situations in which a plaintiff seeking damages or equitable relief is himself involved in some of the same sort of wrongdoing

Equally in fault. A term applied to parties who have participated equally in a transaction which is illegal, fraudulent, or contrary to public policy, neither of whom can for that reason obtain relief in equity from any injury suffered from the other in respect to such transaction. Thus, one making a conveyance of his property to defraud creditors cannot set aside the conveyance if his acc6nlplice subsequently refuse to reconvey. 64 Fed. 195; 36 Mich. 229. But to put parties in part delicto there must be equality of turpitude. See 124 N. Y. 160. Though both parties assent to the illegal, transaction, if there is g:reat disparitjr of intelligence or condition, they are not in pari, IN PARI DELICTO MELIOR EST CONDItlo possidentis. When the parties are equally in the wrong, the condition of the possessor is better. 11 Wheat. (U. S.) 258; 3 Cranch (U. S.) 244; Cowp. 341; Broom, Leg. Max. 325; 4 Bouv. Inst, note 3724. IN PARI DELICTO POTIOR EST CONDItio defendentis (et possidentis). Where both parties are equally in fault, the condition of the defendant is preferable. 11 Mass. 376; Broom, Leg. Max. (3d London Ed.) 265; 1 Story, Cont. (4th Ed.) 691, 592. IN PATRIMONIO (Lat.) As a subject of property. Pleta, lib. 3, c. 1, § 2. IN PECTORE JUDICIS (Lat.) In the breast of the judge. Latch, 180. A phrase applied to a judgment. IN PEJOREIM PARTEIVI (Law Lat.) In the worst part; on the worst side. Latch, 159, 160. IN PENDENTI (Lat.) In suspension or abeyance. Bracton, fols. 12, 19b. Written in Fleta as one word, inpervdenti and impendenti. Fleta, lib. 3, c. 9, § 7. IN PERPETUAIVI REI IVIEMORIAM (Lat.) For the perpetual memory or remembrance of a thing. Gilb. For. Rom. 118. IN PERSONAM (Lat.) A remedy where the proceedings are against the person, in contradistinction to those which are against specific things, or in rem. 1 Bouv. Inst, note 2646.

In equal fault; equally culpable or criminal; in a case of equal fault or guilt. In pari delicto potior est conditio possidentis, [defendentis.] In a case of equal or mutual fault [between two parties] the condition of the party in possession [or defending] is the better one. 2 Burrows, 926. Whers each party is equally in faull, the law favers him who is actually in possession. Broom, Max. 290, 729. Where the fault is mutual, the law will leave the case as it finds it, Story, Ag. § 195.