De Minimis: Definition and Meaning

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 for petty issues as a complete waste of time and resources. It will damage the reputation of the legal system.

What is De Minimis?

The term ‘De Minimis’, is abridged from ‘de minimis non curat lex’ which directly means to the law is not concerned with trivial things and de minimis means the small/trivial things.

Henceforth the phrase De Minimis used in a sentence translates to trivial things.

Illustration of De Minimis

A pedestrian's clothing picks up some road dust when a vehicle travels at a high pace down a dusty road. In this case, the driver is not accountable for the tort because it is a minor concern, according to the dictum de minimis non curat lex.

De minimis non curat lex, or "the law does not consider trifles," is the foundation of Section 95 of the Indian Penal Code. The purpose of this provision is to avoid punishing insignificant errors or offences. Obviously, the type of harm, the party's position, the knowledge or intent with which an offending act is performed, and other relevant facts will determine whether the act, which constitutes an offence, is minor.

Important case laws

India T.V. Independent News Service Pvt. Ltd & Ors. vs. Yashraj Films Pvt. Ltd. (2012)

The Single Judge ruled that the Defendants' use of the Plaintiff's sound recording, even in the minute form, would violate the Plaintiff's copyright and then issued an injunction preventing the Defendants from duplicating the relevant sound recordings. As a result, the Single Judge refrained from exploring the "de minimis" theory raised by the Defendants.

Delhi Administration of Delhi vs. Puran Mal, A.I.R. 1985 (S.C. 741)

The court reviewed the adulteration of food items in light of this Latin dictum and argued that a food item that is unfit for human consumption cannot be regarded as falling within the de minimis non curat lex principle.

State of Bihar and Ors vs. Harihar Prasad and Ors., A.I.R. 1989 (S.C. 1119)

The court can use the maxim "de minimis non curat lex" unless it is demonstrated to be irrational and not in the public interest. This can apply when checking documents, filling out and submitting forms and returns, detouring to a public weighbridge, and other similar activities can be inconvenient.

Chunilal Jethalal vs. Ahmedabad Borough Municipality (1939)

The learned judge correctly concluded that the phrase "kept for use within the borough" meant that they were kept for routine use within the borough. In the event that a vehicle is kept outside of the township for routine use, the occasional user within the borough may be denied on the grounds of the de minimis non curat lex principle.

Conclusion

According to the maxim, practical common sense and justice must take precedence over technicalities in order to avoid expensive litigation. De minimis defences are an understudied area of the law, commonly appearing in both legal theory and practise but rarely benefiting from either sort of in−depth examination.

This has led to an unfortunate state of affairs where one term is applied to a set of practices that, at best, are only loosely linked. Not all courts concur on when and how to apply the theory. The courts weigh the wrong and the degree of harm before deciding whether to use "de minimis." One claim makes the maxim sound like a "exercise of judicial power and nothing else."

Frequently Asked Questions

Q: What is the de minimis principle in contract law?

Ans: De Mimimis Non−Curat Lex, which effectively says that the law does not care about or take notice of very small or trivial matters and does not thus require judicial scrutiny, is the source of the common law principle known as "de minimis."

Q: What does de minimis non curat lex seek to accomplish?

Ans: De Mimimis Non−Curat Lex, which effectively says that the law does not care about or take notice of very small or trivial matters and does not thus require judicial scrutiny, is the source of the common law principle known as "de minimis."

Q: What does the de minimis rule mean under Indian competition law?

Ans: De minimis exemption A combination is protected from notification if the target's Indian assets are valued at less than 3.5 billion rupees or its turnover is less than 10 billion rupees.

Q: What is de minimis non curat lex civil law?

Ans: The Latin term "de minimis" implies "relating to minimal things." Usually, it appears in the sentence de minimis non curat praetor, which means "The praetor does not concern himself with trifles." Alternatively, the phrase "The law has nothing to do with itself with trifles" is a Latin proverb.