What are the important legal maxims?

5 Answers

Aakanksha Joshi, L.L.B. from Mumbai University, Solicitor from the Bombay Incorporated Law
Society
9.8k Views
1. Ubi jus ibi remedium: This translates as there is no right without remedy. This means
that if there is any right for the violation of which the law has not prescribed any remedy,
than that right doesn't really amount to a real right at all.
2. Volenti non fit injuria: An injury is not done to one that consents to it. If a person
indulges in any act harmful to himself of his own will, then no other person can be liable
for any injury caused to him. An example would be sportsmen engaged in a boxing
match. If a boxer consents to fight, he cannot claim against his opponent for having
injurted him.
3. Stare decisis: To stand by decisions. This is a maxim because of which past decisions are
followed by subsequent tribunals enuring that like treatment is meted out for similar
cases. There are limitations to this of course but as a general principle, unless there is a
significant reason for differing in the judgment, the principles or ratio of an earlier
decision on the same point by the same court or a higher court should be followed.
4. Quod per me non possum, nec per alium: What a person cannot do by himself, he
cannot do through another person. Hence, by delegating an act that is impermissible, you
are not absolved of liability. This makes a principal liable for the acts of his agent.
Similarly, if a person induces someone to commit an offence, such person is also liable.
5. Pacta privata juri publico non
derogare possunt: A private contract cannot
derogate from the law. Therefore by entering into a contract if you agree to do something
that does not fall within the ambit of the law, you cannot circumvent it. Such a contract
would be void. For instance, in India wagering contracts are illegal. If I make a wager
and win, and you default in making a payment, I cannot sue you for making good the bet
since our contract was void from the beginning (void ab initio).
6. Nemo debet esse judex in propria causa: No one can be a judge in his own cause. This
is an important limb of natural justice. This means that only a non biased person should
be the judge of a matter. If a judge is in any way conflicted, he must stand down and let
an unbiased and disinterested judge decide.
7. Audi alteram partem: Hear the other side. This means that every person against whom a
claim is made should be allowed to make a representation for his cause. This would mean

allowing him enough time to prepare his case, serve him adequate notice and give him
enough opportunity to counter the claims.
8. Ignorantia facti excusat, ignorantia juris non excusat: Ignorance
of fact
excuses, ignorance of law does not excuse. This means that a person who is unaware of
facts that lead him to commit an offence would be excused. However, if a man commits
an act knowingly, without knowing that the act is an offence, would still be liable.
9. De minimis lex non curat: The law does not notice trifling matters. May not be
absolutely true in the States, but the law does not make actionable trivial claims.
10. Contra non valentem agere nulla currit praescriptio: No
prescription runs
against a person not able to act. Prescription is a branch of the law that limits the time
within which a person can make a claim. Under Indian law, this is provided in the
Limitation Act, 1963. By reason of prescription, if I do not sue against a wrong within a
particular time, that right is lost to me. This maxim provides that if the person cannot act,
prescription does not run against him. Accordingly, if a person is a minor and cannot file
a suit to protect his rights, the prescriptive period only commences at his attaining
majority.