In pari delicto potior est conditio defendentis

    Economic Social and Cultural Rights
    “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.