Found 32 Articles for Legal Maxims

It simply refers to the actual cost of the goods or services provided. If a claimant is not compensated by fulfilling their commitments, they may bring an action in quantum meruit to recover payment for the services they provided to the defendant. Typically, the claimant must demonstrate that the defendant freely accepted the services in question after making an express or inferred request for them. Depending on the circumstances, the claimant may have trouble demonstrating the amount to which they are legally entitled under the quantum meruit concept. What is Quantum Meruit? The maxim Quantum Meruit is related to or ... Read More

“Latin proverb “Nemo dat quod non habet” translates to No one gives what they do not have in English”. This principle ensures that people cannot transfer or impart rights or property they do not legally own. It is a key idea in both contract law and property law. The maxim acts as a key guideline to safeguard property rights and stop illegal or fraudulent activities. The sale of products, the transfer of real estate, or the granting of contractual rights are only a few examples of the many situations in which it is applicable. Legal systems support honest and open ... Read More

Locus Standi is one of the oldest doctrines which is mainly known as standing it is a legal term that refers to the individual right to bring a legal action against another or participate in the lawsuit To have a Locus Standi the person must have an interest in the subject matter of the case and must be directly affected by the outcome of the case. so it simply means that when a person's interest is affected then only he or she can approach the court and must be able to demonstrate that their rights or interest are at ... Read More

The Latin phrase "jus necessitates" refers to a person's right to do what is necessary without being deterred by the prospect of legal repercussions. Also known as doctrine of necessity, legal theory known as the concept of necessity permits breaking the law when it is necessary or an emergency. The guiding principle acknowledges that, in some cases, the rigid application of the law may do more harm than the actual breaking of the law. This maxim is discussed upon in Section 81 of IPC. This is so that the rules can be altered when something is truly important. What is ... Read More

An innuendo is a ‘subtle hint’. It comes from the Latin word innuere, which meaning is "to nod forward". Innuendo is usually used in defamation litigation. Innuendo is basically a way to comment negative remarks in a latently. Howsoever under Section 499 of IPC defaming via innuendo is considered to be a form of criminal defamation. A complainant who asserts innuendo must provide a detailed discussion of the extrinsic circumstances that give the term its extrinsic meaning in the sentence of their argument in addition to the references to the impugned phrases. Usage of innuendo is generally seen in trade ... Read More

When The Court states the aforementioned maxim it means the offence or tort committed was under a misconception of facts, nevertheless the accused was led to believe he was under good faith commanded by the law. This maxim takes a deeper dive as it raises the concept of ‘mistake of law’ and ‘mistake of facts’. Section 76 of IPC deals with the maxim and its subsequent concepts, which says the defence of mistake of facts can be excusable unlike the defence of mistake of laws. The above maxim is used in wide spectrum of laws starting from minor offences to ... Read More

Blackstone's Commentaries, where it is said that "frequently an error in point of law, which every person of discernment not only ‘may’ but is bound and supposed to know, is in criminal cases no form of defense, is where the maxim first appears in English law, can be traced as the source of the adage. The dictum "Ignorantia juris, quod quisque teneture scire, neminem excusat" is applicable to both Roman and contemporary law. What is Ignorance juris non−excusat? It is a Latin proverb that reads, "Ignorance of fact may be excused, but ignorance of law may not." Everyone should be ... Read More

When the phrase furiosi nulla voluntas est comes into play it means, the accused is not guilty of the crime as the suspect is referred to as a madman, not capable to assess the nature of his actions. Mentally challenged or mentally unable people cannot legally sign a will, a contract, or get into the right frame of mind to do something illegal. Nothing that is done by an individual who, at the time of performing it, is incapable of understanding the nature of the act due to mental incapacity or that he is doing what is either improper or ... Read More

"To conceal a fraud is to commit fraud."A aphorism stating that by concealing a fraud, one takes part in the fraud or commits another. Fraud is a criminal deception intended to result in financial or personal benefit, hence concealing any fraud or fraudulent conduct is illegal. When The Court deems a situation or an argument to be ‘fraus est celare fraudem’, it emphasizes that concealing fraudulent activities is also considered a form of fraud itself. In essence, trying to hide or cover up fraudulent actions can be seen as an additional deceptive act, reinforcing the idea that honesty and transparency ... Read More

When a fact, matter or an argument is deemed ‘De Minimis’ it basically means that little or trivial issues are not important to the law and are therefore not subject to judicial review. Most nations throughout the world do not have laws that formally recognise this principle. Its usage is often seen in cases relating to copyright right act, however ‘De Minimis’ can be used in a lot of different cases. Common law rules state that judges won't pass judgement on or even pay attention to exceedingly small legal infractions. This maxim states that logical people would view an appeal ... Read More