Legal Maxims

Ex trupi causa non oritur actio

November 23, 2020

Meaning: This legal maxim means right of action will not arise from a base cause. Details: Ex trupi causa non oritur actio is a legal maxim derived from a Latin term. It means that a base cause will not result in a right of action. Thus, an illegal contract is generally unenforceable. In a leading […]

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Ex nudo pacto non oritur actio

November 20, 2020

Meaning: This legal maxim means “no cause of action arises from a bare promise”. Details: The legal maxim Ex nudo pacto non oritur actio realates to the enforceability of agreement/contract. Any contract without consideration is void. In the context of this maxim, consideration means price. In the words of Pollock- “Consideration is the price for […]

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Nemo dat quod non habet

November 12, 2020

Meaning: This legal maxim means “no one can transfer better title than he himself has”. Details: The legal maxim “Nemo dat quod non habet” means “no one can transfer better title than he himself has” and it is applied as a rule in sale of goods. The maxim of “caveat emptor”, which means buyer beware […]

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Ignorantia Legis semi nem excusat

November 9, 2020

Meaning: This legal maxim means “ignorance of law is no excuse”. Details: The legal Maxim Ignorantia Legis semi nem excusat imposes that ignorance of the law is no excuse. When a person commits a mistake, he can take the mistake of fact as a defense but he cannot take an excuse of the mistake of […]

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Felo de se

October 31, 2020

Meaning: The legal maxim “Felo de se” denotes “a felon as to himself” which means a person who commits suicide. Details: Felon to himself denotes a person who commits suicide. Under Section 306 of the Indian Penal Code, 1860, it is an offense to abet to commit suicide in India. Also, Under Section 309 of […]

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Facta Probantia

October 26, 2020

Meaning: The legal maxim “Facta Probantia” means the evidentiary fact or fact related to the issue. Details: Fact Probantia or evidentiary fact means fact given in evidence, its intention is to prove those other facts which are in issue. It may be used to prove documents, testimony, other things, admissible hearsay, other evidentiary facts

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Ex-post facto

October 21, 2020

Meaning: The legal maxim “ex-post facto” denotes a subsequent Act. Details: Article 20(1) of the Constitution of India states that no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the Act charged as an offense, nor he is subjected to a […]

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Ex-parte

October 13, 2020

Meaning: The term ex-parte means from one side only. Details: When one party, without serving notice to the opposite party and in absence of the opposite party, gets disposed of his application and obtains an injunction, this is called ex – parte injunction.However, any ex-parte order passed by the court is sustainable in law provided […]

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Ex-officio

October 9, 2020

Meaning: The legal Maxim “Ex-officio” denotes by virtue of office. Details: Certain powers are only vested to the person in authority of that power or office. These powers are automatically transferred to the person by virtue of the office. For example, The vice president to be ex-officio Chairman of the council of states. Article 64 […]

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Communis error facit jus

October 5, 2020

Meaning: The meaning of this legal maxim is common error sometimes passes current as law. Details: In other words, it means- the law which enhances public welfare, sometimes permits a common error to pass through. The maxim is to be applied with great care and caution. It has been sometimes saying “communis error facit jus“, […]

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Delegata non potest delegari

September 28, 2020

Meaning: This legal maxim means there cannot be re-delegation of powers already delegated. Details: Section 190 of the Indian Contract Act, 1872, is based on the legal maxim i.e. Delegata non potest delega. It deals with the duty delegated to the agent by its Principal. It implies that it is the duty of an agent […]

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Audi Alteram Partem

September 17, 2020

Meaning: This legal maxim means “No men should be condemned unheard“. Audi alteram partem is derived from a Latin phrase “audiatur et altera pars”. In other words, it means no party should be punished without a fair trial. Details: This legal maxim is based on the principle of natural justice and fair play and it […]

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Actio personalis moritur cum persona

September 13, 2020

Meaning: Actio personalis moritur cum persona has a Latin origin. It means “A personal right of action dies with the person”. Details: This legal maxim implies that once a person is dead, his actions of tort and Contract terminates and all his duties and remedies are destroyed. However, in due course of time, the rule […]

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Actus Non Facit Reum, Nisi Mens Sit Rea

September 10, 2020

Meaning: It means “The act itself does not constitute guilt unless done with a guilty intent” Details: Actus rea and Mens rea are the two necessary elements for the commission of any crime. The term “actus rea” means the body is guilty and the term “mens rea” means the mind is guilty. A guilty mind […]

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Ad Voleram

September 4, 2020

Meaning Ad Voleram is a Latin word. It means according to value or based on value. Details Generally, the word “Ad Voleram” is used regarding tax on real estate by the State but it can also be used about personal property. It is used in reference to excise and customs duties, where payable duties are […]

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