When both parties are at fault.

- O.C.G.A. § 23-1-15, states that when both parties are equally at fault, equity will not interfere but will leave them where it finds them. The rule is otherwise if the fault of one decidedly overbalances that of the other. Levine v. SunTrust Robinson Humphrey, 321 Ga. App. 268, 740 S.E.2d 672 (2013).

Cited in Felder v. Paulk, 165 Ga. 135, 139 S.E. 873 (1927); Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136 (1933); Harrell v. Fiveash, 182 Ga. 324, 185 S.E. 327 (1936); Turner v. Davidson, 183 Ga. 404, 188 S.E. 828 (1936); Roberts v. Roberts, 55 Ga. App. 456, 190 S.E. 442 (1937); Gibbs v. H.T. Henning Co., 189 Ga. 675, 7 S.E.2d 238 (1940); Townsend v. Tattnall Bank, 76 Ga. App. 500, 46 S.E.2d 607 (1948); Clifton v. Dunn, 208 Ga. 326, 66 S.E.2d 735 (1951); Pearl Optical, Inc. v. Pearle Optical of Ga., Inc., 218 Ga. 701, 130 S.E.2d 223 (1963); Oliver v. Forshee, 224 Ga. 200, 160 S.E.2d 828 (1968); Adams v. Smith, 129 Ga. App. 850, 201 S.E.2d 639 (1973); Daubresse v. Smithey, 231 Ga. 725, 204 S.E.2d 133 (1974); Griggs v. Griggs, 242 Ga. 96, 249 S.E.2d 566 (1978); Head v. Walker, 243 Ga. 108, 252 S.E.2d 440 (1979); Holmes v. Henderson, 274 Ga. 8, 549 S.E.2d 81 (2001).

Equal fault rule not applicable when questions of fact present.

- In a negligence and breach of trust action, because there were questions of fact about the relative fault of each party the equity maxim of when two parties are equally at fault, one may not recover from the other did not apply. Levine v. SunTrust Robinson Humphrey, 321 Ga. App. 268, 740 S.E.2d 672 (2013).

Neither a court of law nor a court of equity will lend its aid to a party where it affirmatively appears that the plaintiff and defendant are in pari delicto. Nash v. Jones, 224 Ga. 372, 162 S.E.2d 392 (1968).

Where transaction upon which suit was instituted was fraudulent in its inception, and petitioner's testator and the defendant were in pari delicto, equity will not interfere, but will leave the parties where it finds them. Roberts v. Roberts, 182 Ga. 568, 186 S.E. 192 (1936).

Where one is engaged with another in the simultaneous and willful violation of the same penal statute, he cannot recover damages for injuries inflicted upon him through the negligence of his joint wrongdoer unless the violation of the statute was not a contributing cause of the injuries; this is based upon the principle that the parties are in pari delicto, that what each does is the act of the other and that to permit a recovery under such circumstances would be in violation of public policy. Gaines v. Wolcott, 119 Ga. App. 313, 167 S.E.2d 366 (1969).

An executed contract, such as an absolute conveyance purporting on its face to be a deed for the sale of land, though in fact a "mere sham" and made for the purpose of delaying or defrauding a creditor, is binding upon the maker, and he is estopped from impeaching it. Langan v. Langan, 224 Ga. 399, 162 S.E.2d 405 (1968).

A husband who, in order to delay or defeat the collection of a claim for alimony or other lawful demands against him, conveyed land to another person and put that person in possession, could not maintain against the latter an action for the breach of a bond given by him to reconvey the land whenever so required. This is so, not because the law is disposed to aid one of the wrongdoers in retaining the fruits of the unlawful transaction, but because it denies the benefit of its remedies to the other. Langan v. Langan, 224 Ga. 399, 162 S.E.2d 405 (1968).

No claim to nonjudicial foreclosure sale.

- The son had no claim to the proceeds of a nonjudicial foreclosure sale conducted by his father, where he had executed a promissory note and deed to his father for the express purpose of delaying, hindering, or defrauding a potential judgment creditor, and thus had unclean hands, and the evidence showed that the proceeds did not exceed the amount of the promissory note, interest, advertising costs, and attorney fees. Laxton v. Laxton, 234 Ga. App. 221, 507 S.E.2d 146 (1998).

C.J.S.

- 30 C.J.S., Equity, § 89.

ALR.

- Illicit sexual relations between man and woman as affecting right of either to recover money paid or property transferred to other, 120 A.L.R. 475.

Right of partner or joint adventurer to accounting where firm business or transactions are illegal, 32 A.L.R.2d 1345.

Right to reformation of contract or instrument as affected by intervening rights of third persons, 79 A.L.R.2d 1180.

Negligence in executing contract as affecting right to have it reformed, 81 A.L.R.2d 7.

Right of action for injury to or death of woman who consented to illegal abortion, 36 A.L.R.3d 630.