Nullus commodum capere potest de injuria sua propria -
No one can take advantage of his own wrong.
The maxim under consideration applies generally, and may be applied particularly to the case of contracts. Thus, where a man binds another to an impossible condition, or to the performance of some particular act, and at the same time does something whereby the performance of such act is prevented; as, where A. contracts with B. to build a house within a certain time, under a penalty, B. finding materials, and B., by delay in providing the materials, prevents the due completion of the house ; he shall not in such case be allowed to succeed in an action for the penalty.
Case Reference - Dent v. Clayton, 10 L. T. (N. S.) 803.
