Law of Compulsory Motor Vehicle, The
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CHAPTER 12
The public policy doctrine
The public policy doctrine
12.1 The Latin expression of the doctrine is “Ex turpi causa non oritur actio,”1 and its shorter form is used as ex turpi causa. The doctrine may apply from contract, tort and criminal laws point of view and rather than applying a single test for the ex turpi causa defence, a broad approach which takes into account the different circumstances of each case has been adopted by the Courts.2 This chapter will define the doctrine and discuss it within the motor vehicle third party insurance context. 12.2 One of the several forms of describing the doctrine is it deals with the enforcement of rights by the Courts whether or not such rights arise under contract.3 In Diplock LJ’s words,All that the rule means is that the courts will not enforce a right which would otherwise be enforceable if the right arises out of an act committed by the person asserting the right (or by someone who is regarded in law as his successor) which is regarded by the court as sufficiently anti-social to justify the court’s refusing to enforce that right.4