In pari delicto

In pari delicto (potior/melior est conditio possidentis), Latin for "in equal fault (better is the condition of the possessor)",^[1] is a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance in question is a crime or tort. The doctrine is subject to a number of exceptions, including that the plaintiff must be an active, voluntary participant in the wrongful conduct, the plaintiff's wrongdoing must be at least substantially equal to or greater than that of the defendant,^[2] the "adverse interest" exception, and the "innocent insider" exception.