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Legal Maxims

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5 views14 pages

Legal Maxims

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Uploaded by

forpersonaluse0101
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Legal Maxims

Actio Personalis Moritur Cum Persona


• A personal right of action dies with the person
• Baker v. Bolton
• Benham v. Gambling
• East India Hotels Ltd. V. Klaus Mittlebachert
Exception:
• Action under contract
• Unlawful enrichment of estate of wrong doer
• Statutory exceptions
– Law Reform (Miscellaneous Provisions) Act, 1934
– Gujarat state road transport corporation, Ahmedabad v. Raman Bhai
Prabhat Bhai
– Rameshwar Manjhi v. Management of Sangramgarh Colliery
– Supreme Bank v. P.A, Tendulkar
Actus Non Facit Reum Nisi Mens Sit
Rea
• The act does not constitute guilt unless done with a guilty intent
Essentials:
• Actus Reus
• Mens Rea
• State of Maharashtra v. Mayor Hans George
Exceptions:
• Statutory Offences
– State of Maharashtra v. M.H. George
• Exceptions in IPC
• Other exceptions:
– Where the penalty incurred is not great
– The damage caused to the public by the offence is in comparison with the penalty very great
– The offence is such that there would usually be peculiar difficulty in obtaining adequate
evidence of mens rea
– Liabilty of master for the acts of his servants
Audi Alteram Partem
• No man shall be condemned unheard
• Exception:
• It can be ignored if the legislature has
expressly or impliedly given an authority to
act without the necessary preliminary.
• N.K. Prasad v. Government of India
Delegate Non Potest Delegare
• A delegate cannot further delegate
• Relates to principal and agent
• Putta Kamairayya v. State of Karnataka
• re Delhi Laws Act, 1950
Exceptions:
• Nature of work
• Trade custom
• Ministerial action
• Principal’s consent
Ex Nudo Pacto Non Oritur Actio
• No cause of action arises from a bare promise
• Relates to enforceability of contracts
• Sec 25 of Indian Contract Act,”An agreement
without consideration is void”
Ex turpi Causa Non Oritur Actio
• No right of action arises from an immoral or
disgraceful consideration
• An agreement to do an unlawful act cannot be
supported by law.
• Simpson v. Bloss
Ignorantia Facti Excusat Ignorantia
Juris Non Excusat
• Ignorance of fact excuses– Ignorance of the
law does not excuse
• Derived from Roman Law
– Ignorance may be of two kinds
• Ignorance of law
• Ignorance of fact
Ignorantia Facti Excusant
• Based on fact that ignorance of fact is often
inevitable and unavoidable
• Kelly v. Solari
• Colonial Bank v. Exchange Bank
• Bell v. Gardener
Ignorantia Juris Non Excusat
• Ignorance of law does not excuse
• National Pari-Mutuel Association v. The King
• Higgs v. Scott
• Karnataka Rare Earth v. Senior Geologist,
Department of Mines and Geology
• Rama Ravalu Gavade v. Sataba Gavadu (Dead)
Through LRs. And another
Nemo Dat Quod Non Habet
• No one can transfer better title than he himself has
• Caveat Emptor
• Standard Chartered Bank v. Andhra Bank Financial
Services Ltd.
Exceptions
– Title by estoppel
– Title under the act of a Broker
– Sale under special right
– Sale in open market
– By transfer of negotiable instrument
Novus Actus Interveniens
Or
Novus Causa Interveniens
• A new act intervening
• Can be constituted in three ways
– By act or omission of a third party
– One by the plaintiff himself
– By an event of nature
• Nicolas v. Marsland
Legal Maxims
• Qui Facit Per Alium Facit Per Se
– Llyod v. Grace, Smith & co.
• Respondeat Superior
• Res Ipsa Loquitur
• Salus Populi Est Suprema Lex
– Plate Glass Co. v. Meredith
– Absor v. French
• Ubi Jus Ibi Idem Remedium
• Vigilantibuset Non Domentibus, Jura Subveniunt
– Manby v. Bewicke
• Volenti Non Fit Injuria
• Lex Non Cogit Ad Impossibilia
Volenti Non Fit Injuria
Damage suffered by consent is not a cause of action
• Hall v. Brooklands Auto Racing Club
• Padmavati v. Dugganaika
• Thomas v. Quartermaine
• Bowater v. Rowley Regis Corporation
• Slater v. Clay Cross Co. Ltd.
Exception:
• Rescue Cases
– Haynes v. Harwood
– Wagner v. International Railway
• Unfair Contract Terms Act, 1977 (England)

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