Green Lantern
Member
- Joined
- Aug 16, 2006
- Messages
- 1,665
While reading the newest "US Pharmacist" issue at work (I was on break! ) I read about this for the first time. "In Pari Delicto," or "equally wrong."
The actual caselaw was a convoluted (to me) affair involving denying an antitrust claim against a group of plaintiffs because part of their suit involved importing drugs from Canada - or the lack of ease to do so.
The article pointed out that it could have more practical applications to a pharmacist, say if he accepts and fills a script that is a forgery. If the patient takes the med and has an adverse effect, the pharmacist could likely win arguing the In Pari Delicto" defense: "I didn't realize the script was forged, but if he HADN'T forged it and got it filled, he wouldn't have had the adverse effect!"
Just wondering if this could be, or has been, applied to a self-defense situation....either in criminal or civil court?
I kind of think it's pretty common to hear in a courtroom "If he hadn't been **insert illegal act here** I wouldn't have shot him!" But as far as I know, that's the first time I'd ever heard that term today.
The actual caselaw was a convoluted (to me) affair involving denying an antitrust claim against a group of plaintiffs because part of their suit involved importing drugs from Canada - or the lack of ease to do so.
The article pointed out that it could have more practical applications to a pharmacist, say if he accepts and fills a script that is a forgery. If the patient takes the med and has an adverse effect, the pharmacist could likely win arguing the In Pari Delicto" defense: "I didn't realize the script was forged, but if he HADN'T forged it and got it filled, he wouldn't have had the adverse effect!"
Just wondering if this could be, or has been, applied to a self-defense situation....either in criminal or civil court?
I kind of think it's pretty common to hear in a courtroom "If he hadn't been **insert illegal act here** I wouldn't have shot him!" But as far as I know, that's the first time I'd ever heard that term today.