In a recent case (CTA Case 9177), the Court of Tax Appeals applied the same concept of in pari delicto
when it found out that both the taxpayer and the BIR caused the infirmities in the two waivers, and considering that the taxpayer benefited from the flaws of the waivers which it voluntarily executed, the Court resolved to uphold the validity of the waivers.
Circuit Court of Appeals held that the in pari delicto
doctrine barred a trustee, acting on behalf of a bankrupt corporation, from recovering from the corporation's former accountants for their failure to prevent the fraudulent conduct of the corporation's senior managers.
This distinction is also important from the standpoint of fairly preserving available defenses, such as in pari delicto
and unclean hands.
The rule of pari delicto
is expressed in the maxims 'ex dolo malo non eritur actio' and 'in pari delicto
potior est conditio defedentis.' The law will not aid either party to an illegal agreement.
(1) In pari delicto
is a well-established common law defense, applicable to federal statutes, that bars plaintiffs from recovery when the plaintiff bears substantial fault and responsibility for the wrongdoing.
An auditor's success in using the in pari delicto
defense varies significantly, depending on the applicable law of the stale in which die lawsuit is filed.
Third, courts should discard exceptions to the in pari delicto
doctrine based on the "market power" model of contract formation and reconsider current law allowing dealers and consumers to challenge agreements they have voluntarily entered.
In other words, the legislature has eliminated the potential for a defense against a claim brought by an assignee or by his or her initial assignee, based upon the concept of in pari delicto
. (27) Conceptually, the in pari delicto
defense will apply "where the fault of the parties is mutual, simultaneous and relatively equal, and where the plaintiff is an active, essential, and knowing participant in the unlawful activity." (28) Because agency principles attribute the actions of an officer or employee of a corporation to the corporation itself, acts of the officers or directors alleged in a complaint are attributable to the company.
Responsibility for Sovereign Debt and the In Pari Delicto
If sued in such a state for money damages, the defendant may have to rely on legal defenses that cover much the same ground, such as fraud, illegality, (120) or in pari delicto
Under the in pari delicto
principle, public policy dictates that parties who both transgress the law should not be permitted to profit from their wrongdoing.
One of the strongest legal weapons available to audit firms sued by shareholders or creditors following revelations of corporate fraud is the defense of in pari delicto
, This legal doctrine, over two centuries old, is grounded in the policy that a court should not intercede between two wrongdoers.