Beavers v. Walters

I concur with part I, II, IV and V of the majority opinion. I write separately with regard to Part III.

The majority considers the maxim that no one can take advantage of his or her own wrong, section 31-11-05(8), NDCC, but rejects its application to these facts. Perhaps the better maxim for the Court to apply is that found at section 31-11-05(15), NDCC, i.e., “[bjetween those who are ... equally in the wrong the law does not interpose.” That maxim is also stated as “[wjhere the fault is mutual, the law will leave the case as it finds it” or “[i]n a case of equal or mutual fault ... the…