LEGAL MAXIMS

LEGAL MAXIMS

1)   “Actio personalis moritur cum persona”

Meaning: A personal right to action dies with the person.

In England, under the common law:

    

Three Exceptions:

1.     Defamation

2.     Attack or Assault

3.     Personal damages.

    

Case: Gujarat State Road Transport Corporation Ahmadabad V. Raman Bhai,

         

2)   “Actus Non Facit, Reum, Nisi Mens Sit Rea”

Meaning: the act itself does not make a man guilty unless his intention was so.

The Maxim is the core doctrine of criminal law:

    

1.     A voluntary wrong act.

2.     It must have been done with the criminal mind.

The ‘actus reas’ Means: A wrong done voluntarily.

Mens rea: The mental elements that is necessary to constitute criminal liability.

An act itself is not a wrong: There can be no crime without evil intent.

Case: State of Maharashtra V. M. H. George, The Supreme Court has said, “The act itself does not constitute guilty unless done with a guilty intent. A criminal intention is essential.

3)   “Audi Alteram Partem”

Meaning: A person should not be condemned unheard.

1.     Natural Justice

2.     Opportunity to defend: It requires that a person must be given an opportunity to defend himself.

3.     Right to hearing: Each party should be give a fair opportunity of being heard.

Exception: The rule is the legislative intention to the country. ex. Exclusion in emergency.

4)    “Ignorantia Legis Semi Nem Excusat”

Meaning: Ignorance of the fact excuses, Ignorance of the law excuses not.

     Ignorance of material fact may excuse a party from the leal consequencs of his conduct. But Ignorance of the law, which every man is presumed to know, does not afford excuse.

    

Ignorance of fact is often inevitable.

5)   “ Res Ipsa Loquitur”

Meaning: Things speaks for itself.

    

Case: Byrns V. Brodle

    

6)   “ Ubi Jus Ibi Remedium or Ubi Jus Ihi Remedium

Manning: Where there is a right, there is a remedy.

    

    

7)   “Volenti Non Fit Injuria”

Meaning: Damage suffered by consent is not a cause of action.

    

Ex. ‘A’ invites ‘B’ to his house for dinner. ‘A’ cannot sue ‘B’ for trespass.

Exceptional:

1.     When the injury is caused by the defendants negligence.

2.     When the injury is caused while the plaintiff tried to rescue a third person form a danger caused by the defendants wrongful act.

3.     The defendant will be liable even though there is a contract between the plaintiff and defendant to restrict or exclude the liability of the defendant.

8) “ Damnum Since Injuria”

Meaning: Actual damage without legal injury. It is not actionable.

   

Ex. If a land owner digs a well in his own land. And as a result, the water in the well of a neighboring land owner dries up. if latter files a suit against the former, the court will held that he has no cause of action. This is a clear example of damnum since injuria.

9) “ Injuria Sine Damnum”

Meaning: Legal injury without actual damage.

    

Case: Ashby V. White