The plaintiff (P) and defendant (D) get drunk at a party. They get into D's muscle car. D stalls the car on a steep unlit gravel road, with a steep embankment on one side. D agrees to let P drive. P, in attThey try a rolling start. The car crashes. They think they are fine but P actually has sever head injuries. P sues the D for allowing him to drive in his intoxicated state
A person cannot recover in tort for the consequences of their own illegal or immoral acts.
** Rather than negating a duty of care, ex turpi causa is a narrowly defined defence that precludes recovery and is only applicable to cases where the plaintiff is attempting to profit from illegal conduct or evade criminal sanction.
A person can’t recover in tort for the consequences of their own illegal or immoral acts. This is intended to protect the integrity of the legal system.
McLaughlin J: Trying to ground it in a flexibility model, to prevent from benefiting financially for illegal activities. However, this does not necessarily limit you from redress for physical injuries.