Legal Terms Phrases & Maxims - v1.4 PDF

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LL.B. Semester - III

SOFT SKILL 207 K LEGAL TERMS, PHRASES & MAXIMS
Headnotes :
➔ Source : Public domain print/ internet contents. Some such resources are
listed herein. Credits/ copyrights duly acknowledged.
➔ 12-Oct-2016. Version-1.4 compiled by ketan.bhatt@iitbombay.org in academic
pursuit. Dedicated to students of the subject. No claim is made/ implied about
truthfulness of the document.
➔ Gujarat University Syllabus is in BOLD text. References to questions listed
herein below, are to such questions which were asked in Gujarat University
examinations.
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Do suggest better answers and do point-out mistakes. Or alternately, feel free
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➔ Refer :
✔ Google search is quick and the best source for this subject
✔ http://dictionary.law.com/
✔ https://en.wikipedia.org
✔ http://www.duhaime.org/LegalDictionary.aspx
✔ The Law Dictionary (Featuring Black's Law Dictionary Free Online Legal
Dictionary 2nd Ed) - http://thelawdictionary.org/
✔ Classic ---> A COLLECTION OF LATIN MAXIMS & PHRASES (3rd EDITION)
BY - JOHN N,COTTERELL, Cornell University Library, Digitized by Microsoft -
https://archive.org/stream/cu31924021688670/cu31924021688670_djvu.t
xt
✔ https://adekunleadebajo.wordpress.com/2014/05/02/legal-maxims-and-
their-short-explanations/
✔ https://www.scribd.com/document/237332568/LatinLegalMaxims
https://www.facebook.com/LLB.GujUni/ http://duralex.bhatt.net.in/
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CONTENTS
Module - 1) Legal Terms and Phrases
Module - 2) Legal Maxims
Module - 3) Legal Maxims
SYLLABUS
Module - 1) Legal Terms and Phrases :

1.1) Meaning and use in sentence
1.2) Importance of Legal Terms
1.3) Use Equivalent Legal Terms
1.4) Examples of Legal Terms : Abandon, Abscond, Accord,
Acquiescence, Ad interim, Bona fide, Caveat Emptor, Capricious,
Causus Omissus, Cypres, Codicil, Coparcenery, Damage and
damages, Damage Feascent, De hors, De novo, Domicile, Double
Jeopardy, Endowment, Frivolous and Vexatious, Heridatory,
Juvenile Delinquency, Legum Baccalaureus, Lunatic, reciprocal,
Onerous, Pro bono Publico, Quid Pro Quo, Ratification, Rescind
Contract, Rule absolute, Rule Discharged, Sub Judis, Submission,
Subrogation, Testamentary, Tenure, Undue Influence,
Vakalatnama, Valuable Security, Verdict, Vicarious Liability, Viva
voce, Void and voidable,
Note : Above Legal Terms should be taught in the classrooms by
explaining their meaning used in various laws and practically
demonstrated by framing appropriate sentences.
Go To Contents
Module-1 QUESTIONS :
➔ "Command over Latin legal terms is sine qua non every lawyer" Discuss this
statement taking into consideration the importance of Latin Legal Terms. (Oct-
2013)
✔ Explain in detail the meaning and significance of legal terms and legal
phrases in the field of law. (Nov-2014)
✔ A lawyer can not effectively develop the art of drafting and art of oral
advocacy without proper knowledge of legal phrases and legal maxims.

Discuss. (Jan-2016)
➔ Mr X a football player of team PQR sustains injury while playing a match
against the players of team ABC. He files a suit to recover compensation
against all players of team ABC. Will he succeed? Answer with reasons and
application of appropriate maxims.
✔ –-------> This is the first time such a question is asked. Work on similar
issues.
➔ Explain and frame sentence : Abandon. (Nov-2014)
➔ Explain and frame sentence thereof : Abscond. (Jan-2016)
➔ Explain the legal term and frame the sentence : Accord. (Oct-2013)
➔ Explain and frame sentence thereof : Ad-interim. (Jan-2016)
➔ Explain and frame sentence : Bonafide. (Nov-2014)
➔ Explain the legal term and frame the sentence : Caveat Emptor. (Oct-2013,
Jan-2016)
➔ Explain the legal term and frame the sentence : Capricious. (Oct-2013)
➔ Explain and frame sentence thereof : Causes omissus. (Jan-2016)
➔ Explain the legal term and frame the sentence : Coparencery. (Oct-2013)
➔ Explain and frame sentence : Damage and damages. (Nov-2014)
➔ Explain and frame sentence : De hors. (Nov-2014, Jan-2016)
➔ Explain and frame sentence : De novo. (Nov-2014)
➔ Explain and frame sentence : Double jeopardy. (Nov-2014)
➔ Explain the legal term and frame the sentence : Frivolous and Vexatious.
(Oct-2013)
➔ Explain and frame sentence : Legum Baccalaureus. (Nov-2014, Jan-2016)
➔ Explain and frame sentence : Lunatic. (Nov-2014)
➔ Explain the legal term and frame the sentence : Onerous. (Oct-2013)
➔ Explain and frame sentence thereof : Quid pro quo. (Jan-2016)
➔ Explain the legal term and frame the sentence : Rule absolute. (Oct-2013)
➔ Explain the legal term and frame the sentence : Sub iudice. (Oct-2013, Jan-
2016)
➔ Explain the legal term and frame the sentence : Testamentary. (Oct-2013)
➔ Explain and frame sentence : Valuable security. (Nov-2014)

➔ Explain and frame sentence thereof : Verdict. (Jan-2016)
➔ Explain the legal term and frame the sentence : Vicarious Liability. (Oct-2013,
Nov-2014, Jan-2016)
Go To Contents
Module-1 ANSWERS :
➔ "Command over Latin legal terms is sine qua non every lawyer" Discuss this
statement taking into consideration the importance of Latin Legal Terms. (Oct-
2013)
✔ Explain in detail the meaning and significance of legal terms and legal
phrases in the field of law. (Nov-2014)
✔ A lawyer can not effectively develop the art of drafting and art of oral
advocacy without proper knowledge of legal phrases and legal maxims.
Discuss. (Jan-2016)
ANS :
 Latin in Legal Writing: An Inquiry into the Use of Latin in the Modern
Legal World – By Peter R. Macleod -
http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?
article=2089&context=bclr
 Lexica iuridica in Juridica: Latin Terms as a Reflection of Europanisation
of Estonian Legal Culture - By Merike Ristikivi -
http://www.juridicainternational.eu/?id=12680
✔ Introduction :
 Latin has always had a special role to play in the Western legal tradition.
In recent decades, Latin juridical terminology has gradually been growing
more important as regards understanding and communication between
lawyers representing different languages and legal systems. It is also
observed that the use of Latin expressions facilitates unifying various
judicial system and makes juridical literature internationally
understandable. However, in no way do such Latin words and
expressions minimise the importance of developing and using legal
terminology in our native language; on the contrary, these terms enrich
the language of the law.
✔ Desirable Characteristics of a Maxim :

 Examining the contexts in which Latin terms occur in the writings of
contemporary lawyers, we must remember that denoting a legal concept
is not so unconstrained as is the case with other terms. Legal terms must
be precise, effective, and clear. Legal terms must derive from the legal
context and constitute the vocabulary of legal language. The terms in
legal texts must convey accurately and wholly the content and meaning
of the notions they represent.
✔ Importance of Latin legal Maxims : WHY Latin legal maxims ? : Absoluta
sententia expositorsnon indiget (When language of law is clear, no
explanation of it is required).
 Why does the legal community continue to use Latin, when the study of
Latin (in western countries) in schools is decreasing and when the
Roman Catholic Church has largely stopped using Latin ? The answer
could lie in the special position that legal language has in our society. Let
us discuss some of the influences that make language in the law different
from language in other areas of society.
 What has an influence on legal language, what causes it to change or
remain unchanged. Both internal and external influences affect the
language people in the legal community use. On the one hand, lawyers,
judges and professors discuss subjects that only exist in the legal world.
On the other hand, Latin also creates a barrier that prevents non-lawyers
from easily entering the community. To enter the legal world, non-
lawyers must learn the language. Thus, both efficiency and community
identity influence the language of lawyers.
 The Norman conquest in 1066 placed French-speaking Normans in
virtually all important positions in England; French thus became the
language of power. Virtually all English words relating to government are
originally French. The Normans initially used Latin rather than French as
a written language of the law. Throughout this period, Latin continued to
be used as a legal language. It came to be known as "Law Latin," and
included various legal terms of French origin, as well as English words
when clerks did not know the Latin. Legal maxims, even today, are often
in Latin, which gives them a sense of heightened dignity and authority.
Names of writs (mandamus, certiorari) and terminology for case names
(versus, ex rel., etc.) are still in Latin, perhaps a reflection of the use of
Latin for writs and court records until the early 18th century.
 Latin juridical terms are typically single words — stem words or
compound words. In addition to nouns, also verbs, adjectives, pronouns,

numerals, and adverbs are used as terms. Latin terms are concise and
economical, enabling one to convey a notion that otherwise in one’s
native language might require a lengthy explanation.
 One of the sources for enriching specialised vocabulary is borrowing
words from other languages. In law, Latin is a very useful source. In the
course of time, the bulk of Latin terms now used in the legal
environment have developed on the basis of Roman law. However,
various important legal terms in Latin that are in current usage also
come from the Middle Ages or the modern age. Namely, the development
of law was based on Latin for centuries.
 Substantive part of common law has its roots in "history" in the form of
prior decisions. A system based on precedent is by its nature backward-
looking. The legal community is thus constantly discussing ideas and
concepts that began in the past, sometimes in a different language.
Some concepts in modern law began with Anglo-Saxons, Romans or
Normans, and the language of the law reflects these influences. On the
other hand concepts—such as internet law—are relatively new, a product
of later societies, and may bring new vocabulary to the law.
● Thus, the language of the law may vary depending on where in legal
history the substantive subject originated.
 In the late eighteenth and early nineteenth centuries, for example,
"natural law" played an important role in legal discourse. One major
source of the principles of natural law was Latin maxims because of their
perceived ancient and durable qualities. Members of the legal profession
considered maxims to be the distilled wisdom of law, stretching back to
ancient times. The majority of legal maxims in Common law were
derived from the Romans. Thus, members of the legal profession who
believed in natural law used a language that reflected that belief. The
philosophical beliefs of a member of the legal profession may thus
influence that member's language.
 The Latin phrases that judges continue to use are not just technical
shorthand. They are short phrases that often do not have a strong link to
any area of law. The influence of history on language may explain part of
the continuing use of Latin. Certainly, courts continue to rely on
precedent in making decisions. Because the courts use the reasoning of
the prior courts in their decisions, they also sometimes use their
language.
 The usage of Latin terms primarily depends on the historical

development of the particular area of law concerned. Latin terms often
are used in articles on legal theory, philosophy of law, criminal law,
international law, succession, and the law of obligations. In all of these
areas, the body of terminology in use nowadays had developed already
in ancient times or evolved during the Middle Ages.
● On the other hand, very few Latin terms or none at all are to be seen
in articles on labour law, family law, and business law. The
development and study of these fields has taken place mostly in the
20th century. Hence, there is very little or no connection with Roman
law, from which the greater part of Latin legal terms originates.
 A legal term might occur in legal language yet also be a word in the
common language, having a particular meaning. Expressions like ultima
ratio, a priori, prima facie, and de facto are of the kind used by lawyers
in their general meaning but also in a specific juridical sense.
 Latin adds to the richness of writing. Using a Latin word is not
necessarily more accurate than using an English word. Neither is it
necessarily redundant. Latin is a symbol of legal profession. Latin adds to
the mystery of the law. It adds to the difficulty in accessing the law. It
keeps the profession separate from other parts of society, perhaps more
now than it ever did.
✔ Conclusions
 Law is a field where linguistic means of expression are of utmost
importance. This discipline operates directly through language; a word or
expression acquires juridical power in it.
 The spread of Latin juridical terms in the contemporary world and the
principles of their usage depend on the conditions arising from historical
development, the linguistic economy of Latin terms, and their
effectiveness in communication in the field concerned. Occasionally, Latin
expressions are also used for rhetorical and illustrative purposes; in
general, though, Latin terms as normative arguments convey specific
juridical information.
Go To Module-1 QUESTIONS
Go To Contents
➔ Mr X a football player of team PQR sustains injury while playing a match

against the players of team ABC. He files a suit to recover compensation
against all players of team ABC. Will he succeed? Answer with reasons and
application of appropriate maxims. (Jan-2016)
✔ –--> This is the first time such a question is asked. It gives an
example and expects student to identify+justify legal maxim. This
is interesting.
ANS :

Go To Contents
➔ Explain and frame sentence : Abandon. (Nov-2014)

ANS :
 v. to intentionally and permanently give up, surrender, leave, desert or
relinquish all interest or ownership in property, a home or other
premises, a right of way, and even a spouse, family, or children. The
word is often used in situations to determine whether a tenant has left
his/her apartment and the property inside and does not intend to come
back. Thus, a landlord can take over an apparently abandoned residence,
but must store anything a tenant leaves behind and give notice to the
tenant before selling the possessions which are left. To abandon children
can mean to have no contact and give no support for a year or more.
Go To Contents
➔ Explain and frame sentence thereof : Abscond. (Jan-2016)

ANS :
 v. 1) traditionally to leave a jurisdiction (where the court, a process
server or law enforcement can find one) to avoid being served with legal
papers or being arrested. 2) a surprise leaving with funds or goods that
have been stolen, as in "he absconded with the loot."
Go To Contents
➔ Explain the legal term and frame the sentence : Accord. (Oct-2013)
ANS :
 n. an agreement to accept less than is legally due in order to wrap up
the matter. Once the accord and satisfaction is made and the amount
paid (even though it is less than owed) the debt is wiped out since the
new agreement (accord) and payment (the satisfaction) replaces the
original obligation. It is often used by creditors as "a bird in the hand is
worth two in the bush" practicality.
Go To Contents
➔ Explain and frame sentence thereof : Ad-interim. (Jan-2016)

ANS :
 The Latin phrase ad interim (abbr. ad int., literally "in the time between")
means "in the meantime" or "temporarily".
 A diplomatic officer who acts in place of an ambassador is called chargé
d'affaires ad interim.
 “Ad interim, if I may be pardoned that expression, I shall give you this
betel-box, which is highly valuable article and cost me two rupees only
four years ago.” — Kim by Rudyard Kipling
Go To Contents
➔ Explain and frame sentence : Bonafide. (Nov-2014)

ANS :
 Good faith (Latin: bona fides) is fair and open dealing in human
interactions. This is often thought to require sincere, honest intentions or
belief, regardless of the outcome of an action. While some Latin phrases
lose their literal meaning over centuries, this is not the case with bona
fides; it is still widely used and interchangeable with its generally

accepted modern day translation of good fait
Go To Contents
➔ Explain the legal term and frame the sentence : Caveat Emptor. (Oct-2013,
Jan-2016)
ANS :
 (kah-vee-ott emptor) Latin for "let the buyer beware." The basic premise
that the buyer buys at his/her own risk and therefore should examine
and test a product himself/herself for obvious defects and imperfections.
Caveat emptor still applies even if the purchase is "as is" or when a
defect is obvious upon reasonable inspection before purchase. Since
implied warranties (assumed quality of goods) and consumer protections
have come upon the legal landscape, the seller is held to a higher
standard of disclosure than "buyer beware" and has responsibility for
defects which could not be noted by casual inspection (particularly since
modern devices cannot be tested except by use and many products are
pre-packaged).
Go To Contents
➔ Explain the legal term and frame the sentence : Capricious. (Oct-2013)
ANS :
 adjective, given to sudden and unaccountable changes of mood or
behaviour. "a capricious and often brutal administration"
 synonyms: fickle, inconstant, changeable, variable, unstable, mercurial,
volatile, erratic, vacillating, irregular, inconsistent, fitful, arbitrary,
impulsive, temperamental, wild, ungovernable; whimsical, fanciful,
flighty, wayward, quirky, faddish, freakish; unpredictable, random,
chance, haphazard
 "the capricious workings of fate"
 antonyms: stable, consistent
 changing according to no discernible rules; unpredictable.

 "a capricious climate"
Go To Contents
➔ Explain and frame sentence thereof : Causes omissus. (Jan-2016)

ANS :
 Latin. Case omitted. A legal issue or situation not governed by statutory
or administrative law or by the terms of a contract. The resolution of any
legal dispute arising from such an issue or situation is governed by the
case law or, if it is a case of first impression, by whatever guidance the
court finds in the common law.
 CASUS OMISSUS PRO OMISSO HABENDUS EST Words or phrases may
be supplied in a law to eliminate repugnancy, inconsistencies, to
complete the sense, give effect to the intention of the legislature, to
supply omissions because of clerical errors because of accident or
inadvertence.
 This rule is necessary to prevent the law from becoming a nullity.
(Hazelrigg vs. Penitentiary Comrs. 184 Ark. 154; Am. Jur., p. 233). But,
in general, what has been omitted is deemed to have been done so
intentionally. The maxim can operate only when the inadvertent omission
has been clearly established.
Go To Contents
➔ Explain the legal term and frame the sentence : Coparencery. (Oct-2013)
ANS :
 noun. English Law. A person who shares equally with others in the
inheritance of an undivided estate or in the rights to it (in the UK now as
equitable interests).
 'The proposed amendment now attempts to make daughters
coparceners at birth in ancestral property.'
Go To Contents
➔ Explain and frame sentence : Damage and damages. (Nov-2014)

ANS :
 Damage is defined as a loss or harm resulting from injury to a person,
property or reputation.
 Damages, on the other hand, refers to compensation - such as a
monetary judgment - provided to a person who has suffered a loss or
harm due to the unlawful act or omission of another. The person at
fault - the one who caused the loss or harm - must compensate (or pay)
the injured party for his or her losses, i.e. he must pay his damages for
the damage he caused.
Go To Contents
➔ Explain and frame sentence : De hors. (Nov-2014, Jan-2016)

ANS :
 L. Fr. Out of; without; beyond ; foreign to; unconnected with. Dehors the
record; foreign to the record. 3 Bl. Comm. 387.
 Out of; without. By this word is understood something out of the record,
agreement, will, or other thing spoken of; something foreign to the
matter in question.
Go To Contents
➔ Explain and frame sentence : De novo. (Nov-2014)

ANS :
 From Latin, meaning “from the new.” When a court hears a case de novo,
it is deciding the issues without reference to the legal conclusions or
assumptions made by the previous court to hear the case. as if it had
not been previously heard nor decided.
 An appeals court hearing a case de novo may refer to the trial court’s
record to determine the facts, but will but rule on the evidence and
matters of law without giving deference to that court’s findings. A trial
court may also hear a case de novo following the appeal of an arbitration
decision
Go To Contents
➔ Explain and frame sentence : Double jeopardy. (Nov-2014)

ANS :
 Double jeopardy is a procedural defence that forbids a defendant from
being tried again on the same (or similar) charges in the same case
following a legitimate acquittal or conviction. In common law countries, a
defendant may enter a peremptory plea of autrefois acquité or autrefois
convict (autrefois means "in the past" in French), meaning the defendant
has been acquitted or convicted of the same offence and hence that they
cannot be retried under the principle of double jeopardy
Go To Contents
➔ Explain the legal term and frame the sentence : Frivolous and Vexatious.
(Oct-2013)
ANS :
 frivolous - Of minimal importance; legally worthless.
● A frivolous suit is one without any legal merit. In some cases, such an
action might be brought in bad faith for the purpose of harrassing the
defendant. In such a case, the individual bringing the frivolous suit
might be liable for damages for Malicious Prosecution.
● A frivolous appeal is one that is completely lacking merit, since no
review able question has been raised therein.
● An answer or plea is called “frivolous” when it is clearly insufficient on
its face, and does not controvert the material points of the opposite
pleading, and is presumably interposed for mere purposes of delay or
to embarrass the plaintiff

 Vexatious -
● Causing or tending to cause annoyance, frustration, or worry.
● Law Denoting an action or the bringer of an action that is brought
without sufficient grounds for winning, purely to cause annoyance to
the defendant.
 ‘a frivolous or vexatious litigant’
 ‘the vexatious questions posed by software copyrights’
Go To Contents
➔ Explain and frame sentence : Legum Baccalaureus. (Nov-2014, Jan-2016)

ANS :
 http://latindictionary.wikidot.com/noun:lex
 https://en.wikipedia.org/wiki/Bachelor's_degree
 https://en.wikipedia.org/wiki/Bachelor_of_Laws
 What is meant by LL.B. / L.L.B. - Legum Baccalaureus - Bachelor of Laws
- abbreviation - full form - meaning - acronym
 correct - LL.B.
 false - L.L.B.
 LL.B. is Latin abbreviation for "Legum Baccalaureus".
 "Bachelor of Laws" is the correct English translation

 "Lex" in Latin is equivalent to "Law" in English
 "Baccalaureus" in Latin is equivalent to "Bachelor's degree" in English
 Genitive plural for 'Lex' in latin language is 'Legum'

 In latin language plural term is often abbreviated by doubling the first
letter of singular term (e.g. "pp" for "pages"),
 Thus "LL.B." stands for Legum Baccalaureus in Latin.

 Other full forms of LL.B. like "Bachelor of Legal Letters" or "Bachelor of
Legislative Law" are incorrect.
 In India, LL.B. is a first professional degree in law
Go To Contents
➔ Explain and frame sentence : Lunatic. (Nov-2014)

ANS :
 A now-disused term of the common law to refer to a person suffering
from a disabling mental disorder. The term lunacy comes form the
French word for moon, lune and is taken from the old belief that the
moon was responsible for all disorders of the mind.
 One who has had an understanding, but who, by disease, grief, or other
accident, has lost the use of his reason. A lunatic is properly one who
has had lucid intervals, sometimes enjoying his senses, and sometimes
not.
Go To Contents
➔ Explain the legal term and frame the sentence : Onerous. (Oct-2013)
ANS :
 A near synonym is burdensome. In legal usage, onerous describes a
contract or lease that has more obligations than advantages. Onerous
derives from Middle English, from Old French onereus, from Latin
onerōsus, from onus "burden." In English, an onus is a task or duty that
is onerous, or very difficult.
 A contract, lease, share, or other right is said to be “onerous” when the
obligations attaching to it counter-balance or exceed the advantage to be
derived from it, either absolutely or with reference to the particular
possessor.
Go To Contents
➔ Explain and frame sentence thereof : Quid pro quo. (Jan-2016)

ANS :
 ‘something in exchange for something else
 [Latin, What for what or Something for something.] The mutual
consideration that passes between two parties to a contractual
agreement, thereby rendering the agreement valid and binding.
 In common usage, quid pro quo refers to the giving of one valuable thing
for another. Quid pro quo has the same meaning in the law but with
varying implications in different contexts.
 Quid pro quo, or the exchange of valuable consideration, is required for
the formation of a valid contract between individuals who are not
merchants. This requirement of mutual consideration, or the exchange of
something of value, indicates the sincerity of the parties' intent to adhere
to the contract between them.
 Example of its use: "What is the quid pro quo for my entering into this
deal?"
Go To Contents
➔ Explain the legal term and frame the sentence : Rule absolute. (Oct-2013)
ANS :
 a rule that will enforce without delay, a peremptory rule. issued by a
court when a litigant fails to show sufficient cause why an order shouldn't
be carried out.
 decree nisi (rule nisi) : A decree nisi or rule nisi (from Latin nisi, meaning
"unless") is a court order that does NOT have any force unless a
particular condition is met.
 decree absolute (rule absolute) : However, once the condition is met, the
ruling becomes a decree absolute (rule absolute), and is binding.
 Typically, the condition is that an adversely affected party fail to provide
satisfactory evidence or argument that the decree should not take effect
(i.e. the decree takes effect unless the party shows that it shouldn't).
 For that reason, a decree nisi may also be called a rule, order or decree
to show cause.
 Using the example of a divorce, the wording of such a decree is generally
in the form of "that the marriage, had and solemnized on (date) between
AB and CD, be dissolved by reason that (grounds) UNLESS sufficient
cause be shown to the court why this decree should not be made
absolute within six weeks of the making hereof". This allows time for any
party who objects to the divorce to come forward with those objections.
Go To Contents
➔ Explain the legal term and frame the sentence : Sub iudice. (Oct-2013, Jan-
2016)
ANS :
 Latin-under a judge. A matter or case that is before a judge or court for
determination.
 In law, sub judice, Latin for "under judgment", means that a particular
case or matter is under trial or being considered by a judge or court. The
term may be used synonymously with "the present case" or "the case at
bar" by some lawyers.
 In UK, India, and other commonwealth countries it may be considered
inappropriate to comment publicly on cases sub judice, which can be an
offence in itself, leading to contempt of court proceedings. This is
particularly true in criminal cases, where publicly discussing cases sub
judice may constitute interference with due process.
Go To Contents
➔ Explain the legal term and frame the sentence : Testamentary. (Oct-2013)
ANS :
 Testamentary means related to a will. One appointed by will or testament
may receive letters testamentary, authorizing them to distribute the

assets. A testamentary trust is a trust created by the provisions in a will.
 A person must have the mental competency to execute a will at the time
the will was signed and witnessed. In a will contest, the issue of the
decedent's lack of testamentary capacity is often argued. To have
testamentary capacity, the author of the will must understand the nature
of making a will, have a general idea of what he/she possesses, and
know who are members of the immediate family or other "natural
objects of his/her bounty." A person lacking testamentary capacity may
be pressured into making a bequest by undue influence.
 An individual is said to have testamentary capacity to make a will when
that person has sufficient mental ability to comprehend what he or she is
doing, the nature and extent of his or her property, the natural objects
(which means appropriate persons or recipients) of his or her bounty,
and the interrelationships among these three concepts.
 Generally, a Letter of Testamentary, along with a legally binding death
certificate, are the two documents you’ll need to do the real estate
transactions, banking, and asset distribution you were appointed to do.
 Often, you’ll need to take the official will, also known as a last will and
testament, and death certification to your city hall or a local court to
obtain one. Also, know that banks and other institutions will sometimes
want to keep your Letter of Testamentary, so make sure you get multiple
certified copies, just in case.
Go To Contents
➔ Explain and frame sentence : Valuable security. (Nov-2014)

ANS :
 Sec-30 of IPC – Indian Penal Code
● 30. The words "valuable security" denote a document which is, or
purports to be, a document whereby any legal right is created,
extended, transferred, restricted, extinguished or released, or
whereby any person acknowledges that he lies under legal liability, or
has not a certain legal right.
 Illustration
● A writes his name on the back of a bill of exchange. As the effect of

this endorsement is to transfer the right to the bill to any person who
may become the lawful holder of it, the endorsement is a "valuable
security".
Go To Contents
➔ Explain and frame sentence thereof : Verdict. (Jan-2016)

ANS :
 The formal decision or finding made by a jury concerning the questions
submitted to it during a trial. The jury reports the verdict to the court,
which generally accepts it.
 The decision of a jury is called a verdict. A jury is charged with hearing
the evidence presented by both sides in a trial, determining the facts of
the case, applying the relevant law to the facts, and voting on a final
verdict. There are different types of verdicts, and the votes required to
render a verdict differ depending on whether the jury hears a criminal or
civil case.
 Though most verdicts are upheld by the judge presiding at the trial, the
judge has the discretion to set aside a verdict in certain circumstances.
 A judgment by a judge sitting without a jury is not a verdict.
 A general verdict is the most common form of verdict. It is a
comprehensive decision on an issue. In civil cases the jury makes a
decision in favor of the plaintiff or the defendant, determining liability
and the amount of money damages. In criminal cases the jury decides
"guilty" or "not guilty" on the charge or charges against the defendant.
In cases involving a major crime the verdict must be unanimous. In
minor criminal cases, however, some states allow either a majority vote
or a vote of 10 to 2. In civil cases many states have moved away from
the unanimity requirement and now allow votes of 10 to 2.
 A "special verdict" is a decision by the jury on the factual questions in
the case, leaving the application of the law to those facts to the judge,
who makes the final judgment.
 A "directed verdict" is a decision following an instruction by the judge
that the jury can only bring in a specific verdict ("based on the evidence
you must bring in a verdict of 'not guilty'").

 A "chance verdict" (decided by lot or the flip of a coin),
 A "compromise verdict" (based on some jurors voting against their
beliefs to break a deadlock), and
 A "quotient verdict" (averaging the amount each juror wants to award)
are all improper and will result in a mistrial (having the verdict thrown
out by the judge) or is cause for reversal of the judgment on appeal.
Go To Contents
➔ Explain the legal term and frame the sentence : Vicarious Liability. (Oct-2013,
Nov-2014, Jan-2016)
ANS :
 Vicarious liability is a form of a strict, secondary liability that arises under
the common law doctrine of agency, respondeat superior, the
responsibility of the superior for the acts of their subordinate or, in a
broader sense, the responsibility of any third party that had the "right,
ability or duty to control" the activities of a violator. It can be
distinguished from contributory liability, another form of secondary
liability, which is rooted in the tort theory of enterprise liability.
 It is a tort doctrine that imposes responsibility upon one person for the
failure of another, with whom the person has a special relationship (such
as Parent and Child, employer and employee, or owner of vehicle and
driver), to exercise such care as a reasonably prudent person would use
under similar circumstances.
 The doctrine that assigns liability for an injury to a person who did not
cause the injury but who has a particular legal relationship to the person
who did act negligently. It is also referred to as imputed Negligence.
Legal relationships that can lead to imputed negligence include the
relationship between parent and child, Husband and Wife, owner of a
vehicle and driver, and employer and employee. Ordinarily the
independent negligence of one person is not imputable to another
person.
 Other theories of liability that are premised on imputed negligence
include the Respondeat Superior doctrine and the family car doctrine.
 The doctrine of respondeat superior (Latin for "let the master answer") is
based on the employer-employee relationship. The doctrine makes the
employer responsible for a lack of care on the part of an employee in
relation to those to whom the employer owes a duty of care. For
respondeat superior to apply, the employee's negligence must occur
within the scope of her employment.
 The employer is charged with legal responsibility for the negligence of
the employee because the employee is held to be an agent of the
employer. If a negligent act is committed by an employee acting within
the general scope of her or his employment, the employer will be held
liable for damages. For example, if the driver of a gasoline delivery truck
runs a red light on the way to a gas station and strikes another car,
causing injury, the gasoline delivery company will be responsible for the
damages if the driver is found to be negligent. Because the company will
automatically be found liable if the driver is negligent, respondeat
superior is a form of Strict Liability.
Go To Contents
Module - 2) Legal Maxims :

2.1) Meaning and importance of Legal Maxims
2.2) Legal Maxims :
2.2.1) Actio Personalis Moritur cum Persona
2.2.2) Actus Non Facit, Reum, Nisi Mens Sit Sea
2.2.3) Delegates non potest delegare
2.2.4) Damnum Sine Injuria Esse Potest
2.2.5) Delegatus Non Potest Delegate
2.2.6) Ex Nudo Pacto Non Oritur Actio
2.2.7) Ex Turpi Causa Non Oritur Actio
2.2.8) Falsus In Uno Falsus In Omnibus
2.2.9) Ignorantia Facit Excusact Ignorantia Juris Non Excusat
(Ignorance Legis Neminem Excusant)
2.2.10) In Jure Non Remota Causa, Sed Proxima Spectatus
2.2.11) Injuria Sine Damno
Go To Contents
➔ Discuss with relevant cases : Actio personalis moritur cum persona. (Nov-
2014)
✔ Discuss the Legal Maxims with relevant cases : Acto personalis Moritur cum
persona. (Oct-2013)
➔ Discuss the Legal Maxims with relevant cases : Damnum sine Injuria Esse
Potest. (Oct-2013, Nov-2014, Jan-2016)
➔ Discuss with relevant cases : Delegates non protest delegare. (Nov-2014)
✔ Discuss with relevant cases : Delegatus non potest delegate. (Jan-2016)
➔ Discuss the Legal Maxims with relevant cases : Ex Nudo Pacto non Oritur
Actio. (Oct-2013)
➔ Discuss with relevant cases : Falsus in uno falsus in omnibus. (Jan-2016)
➔ Discuss the Legal Maxims with relevant cases : Innoratia Facit Excusact,
Ignoratia juris Non Excusat. (Oct-2013, Nov-2014)
➔ Explain the following legal maxim along With the relevant eases : “Injuria sine
Demno". (Oct-2013)
✔ Discuss with relevant cases : Injuria dine damno. (Jan-2016)
Go To Contents
Module-2 ANSWERS :
➔ Discuss with relevant cases : Actio personalis moritur cum persona. (Nov-
2014)
✔ Discuss the Legal Maxims with relevant cases : Acto personalis Moritur cum
persona. (Oct-2013)
ANS :
✔ Actio personalis moritur cum persona is a Latin expression meaning a
personal action dies with the person. (Santos vs. Secretary of Labor, L-
21624, 27 Feb. 1968; 22 SCRA 850).
✔ Effect of the maxim :
 Some legal causes of action can survive the death of the claimant or
plaintiff, for example actions founded in contract law. However, some
actions are personal to the plaintiff, defamation of character being one
notable example. Therefore, such an action, where it relates to the
private character of the plaintiff, comes to an end on his death, whereas
an action for the publication of a false and malicious statement which
causes damage to the plaintiff's personal estate will survive to the
benefit of his or her personal representatives.
 The principle also exists to protect the estate and executors from liability
for strictly personal acts of the deceased, such as charges for fraud.
✔ Origins of the maxim :
 It has been argued by academics and acknowledged by the Courts that
notwithstanding the Latinate form in which the proposition is expressed
its origins are less antiquated. It has been described by one Lord
Chancellor (Viscount Simon) as :
 ...not in fact the source from which a body of law has been deduced,
but a confusing expression, framed in the solemnity of the Latin tongue,
in which the effect of death upon certain personal torts was inaccurately
generalised.
✔ The general rule of the common law is that if an injury were done either to
the person or to the property of another for which unliquidated damages
only could be recovered in satisfaction, the action died with the person to
whom, or by whom, the wrong was done."
✔ The effect of the maxim was described by Justice Brewer of the Supreme
Court of the United States in the 1897 case, Stewart v Baltimore and Ohio
Railroad Company :
 "A negligent act causing death is in itself a tort, and, were it not for the
rule founded on the maxim actio personalis moritur cum persona,
damages therefor could have been recovered in an action at common
law."
✔ A maxim stating that actions of tort or contract are destroyed by the death
of either the injured or the injuring party. Modern statutes mean that
this is rarely the case. ie in contemporary world, ONLY such actions,
which relates to the private character of the plaintiff, comes to an end on
his death. Other actions survive the death.
Go To Contents
➔ Discuss the Legal Maxims with relevant cases : Damnum sine Injuria Esse
Potest. (Oct-2013, Nov-2014, Jan-2016)
ANS :
 "Damnum sine Injuria Esse Potest" is a Latin maxim which, in simple
language means, "there may be damage or injury inflicted without any
wrong being done"
 The principle that a claimant who has suffered damage in consequence of
the act of another may not be entitled to recover compensation because
the defendant's act was not in law wrongful.
 "Damnum sine injuria" is a Latin maxim which means damage without
(sine) legal injury.
 When there is an actual damage caused to the plaintiff without an
infringement of his legal right, no action lies against the defendant.
 In order to make someone liable in tort, plaintiff must prove that he has
sustained legal injury, because damage without injury is not actionable in
the law of torts.
 Example :
● A sets up a rival school opposite to B’s school with a low fee structure
as a result of which students from B’s school flocked to A’s school
thereby causing a huge financial loss to A. This act of A is not
actionable in law of torts since it did not lead to the violation of any
legal right of the plaintiff although he has sustained financial loss.
● In Mayor of Bradford v Pickles [1895] AC 587 (HL) the House of Lords
refused to intervene against a landowner who, annoyed by the refusal
of a municipal authority to purchase his plot in connection with a
water-supply scheme, intercepted underground water percolating in
undefined channels through his land to an area owned by the
corporation. The landowner committed no breach of the law in acting
as he did so; although the municipal authority suffered damage (to
their water supply) they did not suffer a wrong in law.
Go To Contents
➔ Discuss with relevant cases : Delegates non protest delegare. (Nov-2014)

✔ Discuss with relevant cases : Delegatus non potest delegate. (Jan-2016)
ANS :
 Delegata potestas non potest delegari is a principle in constitutional and
administrative law that means that "no delegated powers can be further
delegated", UNLESS there is an explicit authorization for sub-delegation
in the original delegation.
● Alternatively, it can be stated delegatus non potest delegare ("one to
whom power is delegated cannot himself further delegate that
power").
 The principle is present in several jurisdictions such as that of the United
States, the United Kingdom and India as well as in Catholic canon law. In
India, the law was first stated in A K ROY v. State Of Punjab, (1986) 4
SCC 326, that sub delegation of delegated power is ultra vires to the
Enabling Act.
 An agent cannot delegate his authority. A principal (except by his own
assent) is not bound by the acts or contracts of subagents unless they be
of necessity, or in accordance with the usual custom of trade.
 The maxim is an administrative tool to prevent the circle of excessive
delegation of powers.
 Example : If power to conduct elections has been delegated to Election
Commission, the Election Commission can not delegated such power to
other agencies. EC can not even make a committee within itself and
delegate power to conduct election to such a committee, UNLESS there
is explicit authorization in original delegation.
Go To Contents
➔ Discuss the Legal Maxims with relevant cases : Ex Nudo Pacto non Oritur
Actio. (Oct-2013)
ANS :
 http://lex-warrier.in/2015/04/ex-nudo-pacto-non-oritur-actio/
 The maxim "ex nudo pacto non oritur actio" means, “No action arises
from a nude contract (ie a contract without consideration)”. Since

consideration is the founding platform to a contract, a contract without
consideration is void.
 The concept of consideration is the most basic and essential feature of a
valid contract. Consideration is based on the phrase, “quid pro quo”.
Consideration basically means something in return for the promise made
by the offeror. A valuable consideration in the sense of the law may
consist of some right, interest, forbearance, detriment, loss or
responsibility, given, suffered or undertaken by the other.
 Exceptions :
● As per Section 25 of Indian Contract Act, an agreement without any
consideration is declared to be void, BUT there are some exceptions in
this rule, in which an agreement is enforceable even though they are
made without consideration. For instance, contracts made out of love
and affection is one instance wherein consideration is not required.
Thus with regard to contracts based on love and affection, the maxim
does not hold valid.
● Even in cases involving promises to pay time barred debts since no
consideration is required, the maxim ex nudo pacto non oritur actio
does not stand validated.
 Though these exceptions are present, consideration is still the very basis
on which a contract is formed. Without consideration, a contract
becomes naked. It is the concept of consideration that brings life to a
contract and makes it actionable before the court of law.
 Thus, the maxim ex nudo pacto non oritur actio is one of the key
elements looked by the court while deciding cases pertaining to
contracts.
 Example : In the case of S. Parameswari vs. Balasubramanian2, the
court held that in this case there was no breach of contract by the
defendant , since the plaintiff could not prove consideration from her
side. Since, there was no consideration from the side of the plaintiff, the
contract was declared void.
Go To Contents
➔ Discuss with relevant cases : Falsus in uno falsus in omnibus. (Jan-2016)

ANS :
 http://www.legalblog.in/2010/11/trustworthy-evidence-doctrine-of-
falsus.html
 Latin maxim “Falsus in uno falsus in omnibus” means, “False in one thing
false in all. Once a knave (dishonest or unscrupulous man) always a
knave”.
 It is the legal principle that a witness who testifies falsely about one
matter is not credible to testify about any matter. Although many
common law jurisdictions have rejected a categorical application of the
rule, the doctrine has survived in some American courts
 Criticism : Many legal scholars have criticized the continued use of the
"discredited doctrine" because witnesses "are prone to fudge, to fumble,
to misspeak, to misstate, to exaggerate," few trials would reach a
judgment if "any such pratfall warranted disbelieving a witness's entire
testimony.
 Indian case-law : The maxim is not strictly applicable to India. In Ugar
Ahir & Ors. v. State of Bihar, AIR 1965 SC 277, Hon Supreme Court held
as under :- "The maxim falsus in uno, falsus in omnibus (false in one
thing, false in every thing) is neither a sound rule of law nor a rule of
practice. Hardly one comes across a witness whose evidence does not
contain a grain of untruth or at any rate exaggerations, embroideries or
embellishments. It is, therefore, the duty of the court to scrutinise the
evidence carefully and, in terms of the felicitous metaphor, separate the
grain from the chaff. But, it cannot obviously disbelieve the substratum
of the prosecution case or the material parts of the evidence and
reconstruct a story of its own out of the rest."
 Justice B S Chauhan of the Supreme Court has also recently dealt with
the maxim 'Falsus in Uno, Falsus in Omnibus', and held that the said
maxim is not applicable to India.
Go To Contents
➔ Discuss the Legal Maxims with relevant cases : Innoratia Facit Excusact,
Ignoratia juris Non Excusat. (Oct-2013, Nov-2014)
ANS :
 Latin maxim "Ignorantia Facti Excusat, Ignorantia juris Non Excusat"
means "Ignorance of fact excuses, ignorance of law does not excuse".
Ignorance of law is not a bliss, because the law says "you do know what
you don't know"!
 Ignorantia juris non excusat (ignorance of the law does not excuse) --- A
legal principle whereby ignorance of a law does not allow one to escape
liability. All citizens are required to know the law.
 Note : "Laws are instituted when they are promulgated". The doctrine
assumes that the law in question has been properly promulgated—
published and distributed, for example, by being printed in a government
gazette, made available over the internet, or printed in volumes available
for sale to the public at affordable prices.
 Rational : The rationale of the doctrine is that if ignorance were an
excuse, a person charged with criminal offenses or a subject of a civil
lawsuit would merely claim that he or she is unaware of the law in
question to avoid liability, even if that person really does know what the
law in question is. Thus, the law imputes knowledge of all laws to all
persons within the jurisdiction no matter how transiently. Even though it
would be impossible, even for someone with substantial legal training, to
be aware of every law in operation in every aspect of a state's activities,
this is the price paid to ensure that willful blindness cannot become the
basis of exculpation.
 In criminal jurisprudence, it is not required to prove that the accused
knew that he was committing a criminal offence. It has always been
accepted as an axiomatic principle that ignorance of the law is no
excuse. A person who is unaware of a law may not escape liability for
violating that law merely because he or she was unaware of its content.
 Ignorantia Facti Excusat : In India as well as many other jurisdictions,
courts tend not to adversely conclude on the basis of ignorance of facts.
However, here also outcome is critically dependent upon specific case
details.
 Case-law : In the criminal law, although ignorance may not clear a
defendant of guilt, it can be a consideration in sentencing, particularly
where the law is unclear or the defendant sought advice from law
enforcement or regulatory officials. For example, in one Canadian case, a
person was charged with being in possession of gambling devices after
they had been advised by customs officials that it was legal to import
such devices into Canada.[4] Although the defendant was convicted, the
sentence was an absolute discharge.
Go To Contents
➔ Explain the following legal maxim along With the relevant eases : “Injuria sine
Demno". (Oct-2013)
✔ Discuss with relevant cases : Injuria dine damno. (Jan-2016)
ANS :
 http://lex-warrier.in/2015/04/injuria-sine-damno/
 "Injuria Sine Damno" is used in law of torts and is related to damages.
This maxim says that in the law of torts the infringement of right is itself
considered as damage and there is no need to prove that an actual
damage is caused.
 The meaning of the above maxim is infringement of an absolute private
right without any actual loss or damage. Here the actual damage means
physical loss in terms of money, comfort, health, etc.
 Actions lies against a defendant who causes legal injury even when there
is no actual damage. This implies an infringement of the legal rights of a
person without any actual loss. Since there is an infringement of legal
right of a person, right to sue for a remedy is available against the
wrongdoer regardless of the fact whether any actual loss is sustained or
not.
 To make it clear “whenever a person has sustained what the law calls as
‘injury’ he may bring an action without being under the necessity of
proving actual physical loss or damage, because the injury itself is taken
to imply damage”.
 Example :
● 1. We can take many examples regarding this maxim. If a person
comes to your home without your permission and roams all around in
your home and leaves your home, here there is no actual damage
caused but your private legal right has been infringed.
● 2. Ashby v. White : In this case the defendant, the returning officer,
wrongfully refused to register a duly tendered vote of plaintiff, a

legally qualified voter, at a parliamentary election and the candidate
for whom the vote was tendered was elected, and no actual/ physical
loss was suffered by the rejection of the vote. Here the defendant
(returning officer) had maliciously refused to register the vote of the
plaintiff. However, action of Returning Officer was considered as legal
damage caused to plaintiff as it is infringement of the fundamental
rights of a person who has right to vote. The court held that the
action, against Returning Officer, was allowed on the ground that the
violation of plaintiff’s statutory right was an injury for which he must
have a remedy and was actionable without proof of any pecuniary
damage.
Go To Contents
Module - 3) Legal Maxims :

3.1.1) In bonam partem
3.1.2) Nemo Dat Quod Non Habet
3.1.3) Novus Actus (Or Causa) Interveniens
3.1.4) Qui Facit Per Alium Facit Per Se
3.1.5) Res Ipsa Loquitur
3.1.6) Respondeat Superior
3.1.7) Re Non Potest Peceare
3.1.8) Salus Populi Supreme Lex
3.1.9) Sic Utero Tuo Ut Alienum Non Leadas
3.1.10) Ubi Jus Ibi Idem Remedium (or) Ubi Jus Ibi Remedium
3.1.11) Ut Res Magis Valeat Quam Pereat
3.1.12) Volenti Non Fit Injuria
Note : Above Maxims should be taught taking into consideration
the relevant decided cases as well as the illustrative Examples.
Go To Contents
➔ Explain in detail with decided cases : In bonam partem. (Nov-2014)
➔ Discuss the Legal Maxims with relevant cases : Qui Facit Per Alium Facit Per
Se. (Oct-2013, Jan-2016)
➔ Discuss the Legal Maxims with relevant cases : Res Ipsa Loquitur. (Oct-2013,
Nov-2014, Jan-2016)
➔ Discuss the Legal Maxims with relevant cases : Salus Populi Supreme Lex.
(Oct-2013, Jan-2016)
➔ Discuss the Legal Maxims with relevant cases : Ubi jus ibi remedium. (Oct-
2013, Nov-2014, Jan-2016)
➔ Define and explain with relevant cases and illustrations the following legal
maxim “Volenti non fit injuria”. (Nov-2014)
✔ Explain in detail with decided cases : Volenti non fit injuruia. (Nov-2014)
Go To Contents
Module-3 ANSWERS :
➔ Explain in detail with decided cases : In bonam partem. (Nov-2014)
ANS :
 http://studylib.net/doc/6795368/%E2%80%9Cin-bonam-partem
%E2%80%9D---conceptualization--history-and
 The maxim "In bonam partem", means that things must be interpreted
in their better sense.
 The core premise of this principle is the acceptation of ambiguity as a
grounds for the presumption of innocence. It is also in accordance with
the judiciary’s traditional reluctance to label a statement as being
defamatory or derogatory when it can have a plausible innocent
intention.
 Tracing the etymology of the term would bring us to the conclusion that
‘Bonam Partem’ would literally mean ‘The good side or part’.
 From the mid-sixteenth to the mid-seventeeth century, English
defamation law operated with the hermeneutic rule of Bonam partem
which stipulated that if a statement can be construed both in a
defamatory and an innocent sense, the latter must be considered as the
true meaning. Where the words are general or ambiguous, the more
favourable reading must take precedence.
 Thus, to take up a standard textbook case, to accuse someone of having
the French pox (Syphilis) would be actionable, but since ‘pox’ taken
alone, could refer either to French pox or Small pox, if a person was
charged with defamation for having called someone a ‘poxy knave’, the
court would dismiss the charge by interpreting ‘poxy’ in Bonam partem
as a reference to Small pox, which was not an actionable insult.
 Abuse of the rule : The rule of Bonam partem could, however, authorize
what would seem to be the radically different strategy of creative hyper
literalism. To rebut a defamation charge, the defendant usually found it
sufficient to show that their words, even if strictly construed, would have
an innocent sense, regardless of what the context indicated the speaker’s
intention to have been.
 Interpretation of the rule : Interpretation of law depends on distinction
between malice and good will, truth and deceit, words uttered in Bonam
Partem and Malam Partem. Interpretation in words is decided by general
or particular social context, by accompanying signs such as laughter or
gestures, by the application of jurisprudential norms (like the prior
presumption of innocence or guilt). The office of all judges is always to
make such construction as shall suppress subtle inventions and evasions
for the continuance of mischief, and to add cure and remedy, according
to the true intent of the makers of the disputed act.
● Conversely, if the words did not refer unambiguously to specific
persons, or did not explicitly allege an actionable offence, then they
will be interpreted in Bonam partem.
 The most notorious (and oft-cited) example is of one Astgrigg’s
allegation that ‘’Sir Thomas Holt struck his cook’s head with a cleaver,
and cleaved it in half”.
● Holt sued in King’s Bench, but the jury decided for the defendant on
the grounds that Astgrigg had not said that the cook died, and since
he had not accused Holt of killing his cook, the words were not
actionable.
● However implausible the verdict in this instance, it rested on legal
principles of far-reaching importance. It was held that for the law to
consider words as defamatory, two things were requisite :
 1) That the person who is scandalized is certain
 2) That the scandal is apparent from the words themselves
Go To Contents
➔ Discuss the Legal Maxims with relevant cases : Qui Facit Per Alium Facit Per
Se. (Oct-2013, Jan-2016)
ANS :
 http://www.duhaime.org/LegalDictionary/Q/QuiFacitPerAliumFacitPerSe.a
spx
 Qui facit per alium facit per se. He who acts through another acts
through himself.
 The maxim often stated in discussing the liability of employer for the act
of employee, or principal for an agent. A contract made by an agent is
looked upon in law as the contract of the principal, so agents need not be
"sui juris" and infants, married women, and others are competent to act
as such. The agent must, however, act within the scope of his authority.
 According to this maxim, if in the nature of things, the master is obliged
to perform the duties by employing servants, he is responsible for their
act in the same way that he is responsible for his own acts.
 NOTE : Maxims (i) Respondeat superior and (ii) Vicarious Liability, are
BOTH based on this maxim of “Qui facit per alium facit per se. He who
acts through another acts through himself”.
 Example :
● In Scott v. Shepherd, 2 Black. 892, an action was held to lie against
the person who originally threw a squib which, after being knocked
about by other persons in self-defence, ultimately hit and put out the
plaintiff's eye.
● In Pennsylvania v International Union of Operating Engineers at 469 F.
Supp. 329, the US District Court wrote (1978), in reference to the
related term respondent superior :
 "Respondeat superior, a doctrine centuries old, is predicated on
the assumption that a master, employer, or principal will be held
responsible for the acts of a servant, employee, or agent
respectively. The rationale for this view is succinctly expressed by
the maxim qui facit per alium facit per se."

● In Butler v Bunge Corporation (1971), the US District Court adopted
these words:
 "Qui facit per alium facit per se, that is, that the authorized acts of
an agent are, in legal contemplation, the same as the principal's
acts; and that a principal's tort liability is based, not on an agency
relation, but on the relationship of master and servant and is
expressed by the maxim.
Go To Contents
➔ Discuss the Legal Maxims with relevant cases : Res Ipsa Loquitur. (Oct-2013,
Nov-2014, Jan-2016)
ANS :
 Res Ipsa Loquitur --- Res ipse loquitur --- The thing speaks for itself
{without proof). Frequently quoted in actions for damages for
negligence.
 The doctrine provides that in some circumstances, the mere fact of an
accident’s occurrence raises an inference of negligence that establishes a
prima facie case.
 Res Ipsa Loquitor more often than not operates against the defendant
and puts the plaintiff in a slightly elevated position.
 The application of this doctrine induces strict liability.
 Elements : The following elements need to be proved in order to
establish the claim of Res Ipsa Loquitor :
● - The defendent owed the plaintiff a duty of care
● - The injury was caused to the plaintiff due to the defendent's
negligence in observing such duty
● - The negligence is more attributable to the act or ommission on the
part of defendent, than the plaintiff or a 3rd party.
 Comparison with tort of negligence :
● Negligence is a tort which is committed when a person is injured due
to the irresponsibility of another. The damage so caused must be an
immediate cause of the act of negligence and not a remote cause.

Essential elements of negligence are as follows :
• Duty to take care
• Beach of such a duty
• Legal damage caused to the complainant due to a breach of
duty
● Reasonable foresee-ability is the basic principle on which the tort of
negligence is based. When a person before or at the time of
committing an act can reasonably foresee that his act is likely to cause
a damage to the other person and he still continues to do it, he is said
to have committed a tort of negligence
● The burden of proof falls on the plaintiff that he has sustained legal
damage due to a breach of duty on the part of the defendant.
● However, in certain cases the plaintiff doesn’t have to prove
negligence on the defendant’s part. Such cases fall under the principle
of res ipsa loquitor which means “things speak for itself” where it is
evident from the facts of the case that there has been negligence on
the side of the defendant.
 Res Ipsa Loquitor is a crucial tool for determination in medical and traffic
cases.
 Examples of Res Ipsa Loquitor :
● - A doctor while performing an operation leaves a pair of scissor inside
the stomach of the patient.
● - Ravi is rashly driving on wrong side of the road, hits Annie and
injures her. Ravi's action is in itself is wrongful and speaks for itself.
Go To Contents
➔ Discuss the Legal Maxims with relevant cases : Salus Populi Supreme Lex.
(Oct-2013, Jan-2016)
ANS :
 http://www.duhaime.org/LegalDictionary/S/SalusPopuliEstSupremaLex.a
spx
 Latin maxim "Salus Populi Est Supreme Lex", translated literally means,
"The health, safety or welfare of the public is the supreme law".
 Salus populi est suprema lex. The public safety {welfare) is the supreme
law.
 The prosperity of its people, and the proper maintenance of order and
security, as also the diffusion of domestic and social happiness, should
be the first and main object of every government.
 The good of the individual ought to yield to that of the community.
 "This phrase is based on the implied agreement of every member of
society that his own individual welfare shall, in cases of necessity, yield
to that of the community; and that his property, liberty and life shall,
under certain circumstances, be placed in jeopardy or even sacrificed for
the public good"
 Judges ought above all to remember salus populi est supreme lex ... and
to know that laws, except they be in order to that end, are but things
captious and oracles not well inspired."
 This Latin maxim has been used to justify damages for the tort of
nuisance as including the legal requirement that one not use his/her
property as unreasonably to injure others.
Go To Contents
➔ Discuss the Legal Maxims with relevant cases : Ubi jus ibi remedium. (Oct-
2013, Nov-2014, Jan-2016)
ANS :
 http://www.duhaime.org/LegalDictionary/U/UbiJusIbiRemedium.aspx
 "Ubi Jus Ibi Remedium" is a latin phrase which means "There is no wrong
without a remedy, or, Where there is a legal right there is a remedy". In
other words, "whenever the law gives a right or prohibits an injury, it
also gives a remedy".
 If a man has a right, he must also have a means to vindicate and
maintain it, and a remedy if he is injured in the exercise and enjoyment
of it, and, indeed, it is a vain thing to imagine a right without a remedy.
 Want of right and want of remedy are reciprocal.
 It is an elementary maxim of equity jurisprudence that there is no wrong

without a remedy. An action will lie for an injury although no actual
damage be sustained. It is an integral and intrinsic equity principle
highlighting the duty of court.
 Right violated : Where a right has been violated, a proportional and
equitable remedy shall be provided,
 Right infringed : Where a right has been infringed, the affected party has
a right to enforce enjoyment of right through court.
 Example : In the case of Ashby v. White is a foundational case in UK
constitutional law and English tort law. It concerns the right to vote and
misfeasance of a public officer who prevented Ashby from voting at an
election on the apparent pretext that Ashby was not a settled inhabitant.
Held that, it is not relevant that "Ashby's vote would not have made any
material difference on outcome of election". It was decided that an action
lay against a returning officer for tortious act.
Go To Contents
➔ Define and explain with relevant cases and illustrations the following legal
maxim “Volenti non fit injuria”. (Nov-2014)
✔ Explain in detail with decided cases : Volenti non fit injuruia. (Nov-2014)
ANS :
 http://blog.ipleaders.in/10-principles-of-tort-law-every-indian-should-
know/
 The Latin maxim "volenti non fit injuria" literally means “to the one who
volunteers, no harm is done”. It is a common law doctrine which states
that if someone willingly places him/herself in a position where harm
might result, knowing that some degree of harm might result, they are
not able to bring a claim against the other party in tort or derelict.
 Essential elements constituting volenti non fit injuria are as follows :
 plaintiff having complete knowledge of the risk
 plaintiff consented to such an activity/ process
 consent was voluntary and not induced or forced
 A person who after knowing the risks and circumstances willingly and
voluntarily consents to take the risk cannot ask for compensation for the
injury resulting from it.
 A person who voluntarily abandons his rights cannot sue for any damage
caused to him. The maxim is used as a complete affirmative defence in
the law of torts liberating the defendant from all kinds of liability.
 Volenti only applies to the risk which a reasonable person would consider
them as having assumed by their actions;
 However, the action causing harm must not go beyond the limit of what
has been consented.
 Contrast with comparative negligence : It is not easy for a defendant to
show both elements and therefore comparative negligence usually
constitutes a better defence in many cases. Note however that
comparative negligence is a partial defence, i.e. it usually leads to a
reduction of payable damages rather than a full exclusion of liability.
However, the person consenting to an act may not always be negligent:
a bungee jumper may take the greatest possible care not to be injured,
and if he is, the defence available to the organiser of the event will be
volenti, not comparative negligence.
 Often, consent to medical treatment or consent to risky sports on the
part of the claimant excludes liability in tort where that consent is
informed consent.
 Example :
● A boxer consents to being hit by hand, and to the injuries that might
be expected from being hit by hand, but he does not consent to his
opponent striking him with an iron bar.
● By participating in a football match, the player willingly consents to
bear the risk that may arise in the normal course of the game.
Go To Contents
Suggested Reading :
➔ P. Ramaswami Aiyar, Law Laxicon, Wadhwa and Co.
➔ Ramanathan Aiyer P., The Law Lexicon
➔ Dr. Amit Sen : Text book of Legal Language
➔ Gary Slapper and David Kelley : Lectures on Language System

➔ Brayan Garner : A Dictionary of Modern Legal Usage
➔ John Gibbons : Language and the Law
➔ Peter M. Tiersma : Nature of Legal Language
➔ Wikipedia: Legal English

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LL.B. Semester - III

Module - 1) Legal Terms and Phrases :

advocacy without proper knowledge of legal phrases and legal maxims.

➔ Explain and frame sentence : Valuable security. (Nov-2014)

✔ Desirable Characteristics of a Maxim :

compound words. In addition to nouns, also verbs, adjectives, pronouns,

 The usage of Latin terms primarily depends on the historical

➔ Mr X a football player of team PQR sustains injury while playing a match

➔ Explain and frame sentence : Abandon. (Nov-2014)

➔ Explain and frame sentence thereof : Abscond. (Jan-2016)

➔ Explain and frame sentence thereof : Ad-interim. (Jan-2016)

➔ Explain and frame sentence : Bonafide. (Nov-2014)

fides; it is still widely used and interchangeable with its generally

 changing according to no discernible rules; unpredictable.

➔ Explain and frame sentence thereof : Causes omissus. (Jan-2016)

➔ Explain and frame sentence : Damage and damages. (Nov-2014)

➔ Explain and frame sentence : De hors. (Nov-2014, Jan-2016)

➔ Explain and frame sentence : De novo. (Nov-2014)

➔ Explain and frame sentence : Double jeopardy. (Nov-2014)

to embarrass the plaintiff

➔ Explain and frame sentence : Legum Baccalaureus. (Nov-2014, Jan-2016)

➔ Explain and frame sentence : Lunatic. (Nov-2014)

➔ Explain and frame sentence thereof : Quid pro quo. (Jan-2016)

may receive letters testamentary, authorizing them to distribute the

➔ Explain and frame sentence : Valuable security. (Nov-2014)

● A writes his name on the back of a bill of exchange. As the effect of

➔ Explain and frame sentence thereof : Verdict. (Jan-2016)

you must bring in a verdict of 'not guilty'").

Module - 2) Legal Maxims :

➔ Discuss with relevant cases : Delegates non protest delegare. (Nov-2014)

from a nude contract (ie a contract without consideration)”. Since

➔ Discuss with relevant cases : Falsus in uno falsus in omnibus. (Jan-2016)

wrongfully refused to register a duly tendered vote of plaintiff, a

Module - 3) Legal Maxims :

 2) That the scandal is apparent from the words themselves

the maxim qui facit per alium facit per se."

immediate cause of the act of negligence and not a remote cause.

 It is an elementary maxim of equity jurisprudence that there is no wrong

➔ Gary Slapper and David Kelley : Lectures on Language System

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