A cause of action accrues when a legal right which is
vested, as distinguished from contingent or conditional in the plaintiff is
violated by the defendant. However, in the right depends upon some condition or
contingency, the cause of action accrues only from the fulfillment of that
condition or happening of the contingency, and if brought before it is
considered premature.
Only the parties to the action can raise the
objection that is brought prematurely. No cause of action for damages can arise
out of an illegal transaction because to authorize a recovery in such a case
would be contrary to public policy. For example, no action can be maintained
upon a contract growing out of an immoral or illegal transaction, the
transaction was not subsequent or collateral, but directly connected with the
unlawful act. The test to determine whether a demand connected with illegal
transaction is capable of being enforced at laws whether the plaintiff requires
any aid from the illegal transaction to establish his case. Thus an action
involving a contract for contingency fee in a criminal prosecution, declared
void as against public policy.The law clearly states that you cannot sue your drug dealer
if he rips you off. As you can see, a
drug deal is obviously an illegal transaction and the law forbids you from
having a remedy when a portion of your remedy is dependent upon an action that
is illegal. Therefore if you are ripped
off by a drug dealer you have no remedy under the law. Do not call the police in this situation. If you are charged with a drug crime contact
the Howard Law Group.
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