Defence of Plaintiff the Wrongdoer in Torts

Plaintiff the Wrongdoer arises when a person claims to have suffered an injury and seeks damages, but it is revealed that the injury was a result of their own illegal or wrongful conduct. 

Elements of Plaintiff the Wrongdoer

The defence encompasses the following elements:

Injury and Damage: The plaintiff must demonstrate that they have suffered an injury or harm, along with resulting damages, which may include physical, emotional, or financial losses.

Attribution to the Defendant: The plaintiff asserts that the injury was inflicted by the defendant, initially believing them to be responsible for the harm suffered.

Plaintiff’s Responsibility: It is subsequently revealed that the plaintiff themselves was responsible for the injury, and the defendant had no involvement or culpability in causing the harm.

Tricky Areas and Exceptions

While the defence of Plaintiff the Wrongdoer may seem straightforward, there are certain tricky areas and exceptions to consider:

Causal Responsibility: If the defendant’s actions or negligence indeed caused the injury, the defence of Plaintiff the Wrongdoer cannot be invoked. The defendant cannot escape liability by claiming the plaintiff’s illegal conduct, if it was unrelated to the harm suffered.

Proportional Response: Even if the plaintiff is found to be the wrongdoer, the defendant is not permitted to take any action that goes beyond what is proportionate to the plaintiff’s wrongdoing. This defence does not justify excessive or disproportionate retaliatory acts by the defendant. However, in cases of nuisance, the defence of Plaintiff the Wrongdoer may still be applicable.

Examples and Illustrations

Drug Deal Gone Wrong: A person engages in an illegal drug transaction with another individual. During the exchange, a dispute arises, and a physical altercation ensues, resulting in injuries to both parties. In this case, neither party can seek legal remedies against each other based on Plaintiff the Wrongdoer. Their involvement in an illegal act (drug dealing) contributed to the injuries suffered, and the court would not provide assistance or remedies for their illegal conduct.

Stolen Property: A person steals a valuable item from someone’s home. While attempting to escape, they trip and injure themselves on the homeowner’s property. Subsequently, the thief attempts to sue the homeowner for the injuries sustained during the escape. In this scenario, the defence of Plaintiff the Wrongdoer would likely apply. The thief’s illegal act of theft contributed to the harm suffered, and the court would not provide assistance or remedies for their own illegal conduct.

Street Fight: Two individuals physically alter a public street due to a personal dispute. During the fight, one of them sustains injuries. In this situation, both parties may be considered wrongdoers, and the defence of Plaintiff the Wrongdoer can be invoked. The court would be unlikely to provide remedies for the injuries suffered by either party since their involvement in the illegal act of fighting contributed to the harm.

Summary

The defence of Plaintiff the Wrongdoer emphasises that a person who engages in illegal or wrongful conduct cannot seek legal remedies for any harm that arises from their own actions. However, it is important to note that this defence has limitations. If the defendant’s actions caused the injury or if the defendant responds disproportionately to the plaintiff’s wrongdoing, the defence may not be applicable.