In Pari Delicto Potior Est Conditio Defendentis

In pari delicto potior est conditio defendentis

September 16, 2016 · By BDLD DESK · 1,707 Reads

“In case of equal fault the position of the defendant is the better.”

Where an immoral contract has been executed, and both parties are equally in fault, the maxim applies, and the contract will not be set aside. In divorce actions, a wife guilty herself of adultery is not entitled to a decree nisi for which she may petition as against an offending husband.

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BDLD DESK, ‘In pari delicto potior est conditio defendentis’ (Bangladesh Law Digest, 16 September 2016) <https://bdlawdigest.org/glossary/in-pari-delicto-potior-est-conditio-defendentis> accessed 8 August 2026.

DESK, B. (2016). In pari delicto potior est conditio defendentis. Bangladesh Law Digest. https://bdlawdigest.org/glossary/in-pari-delicto-potior-est-conditio-defendentis

DESK, BDLD. 2016. “In pari delicto potior est conditio defendentis.” Bangladesh Law Digest. https://bdlawdigest.org/glossary/in-pari-delicto-potior-est-conditio-defendentis.

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BDLD DESK

BDLD – Bangladesh Law Digest is a globally accredited legal research organization established in 2015 by scholars from the University of Dhaka. BDLD promotes legal research, academic excellence, and professional development through seminars, workshops, and advanced training programs for law students and legal professionals across Bangladesh. Its flagship Legal Research Membership Program offers advanced training in legal research under leading national and international scholars, along with certification and lifetime membership opportunities for aspiring law students and legal professionals.