Maxim - Law Dictionary Search Results
Quod non habet principium non habet finem
Max. 79; Co. Litt. 345 a, (That which has not beginning has not end.) For illustrations of this maxim see Broom's Leg. Max.
Seduction
(24 & 25 Geo. 5, c. 41), expressly excepts actions for seduction, so that the old common law maxim applies, and the action does not subsist after death.
Satisfaction
the debt, so that the creditor cannot have the debt and also the legacy'a doctrine founded upon the maxim Debitor non pr'sumitur donare.
Keep your definitions linked to case research
Rex non potest gratiam facere cum injuria et damno aliorum
236), the king cannot confer a favour on one subject to the injury and damage of others. (See Maxim 718)
Res perit domino
Res perit domino (the loss falls on the owner). For illustrations of this maxim, see Taylor v. Caldwell, (1863) 32 LJ QB 164; Krell v. Henry, (1903) 2 KB 740; CONTRACT FOR
Res ipsa loquitur
torts, Syed Akbar v. State of Karnataka, AIR 1979 SC 1848 (1851). The thing speaks for itself. This maxim is applicable in actions for injury by negligence where no proof of negligence is required beyond the accident
Res inter alios acta alteri nocere non debet
parties. consult Best on Evidence, bk. 3, pt. 2, ch. 5, where it is pointed out that the maxim, in many varying forms, was well known both in the Civil and Canon Law; and see also Broom's
Merger
will not merge in the fee, 2 Bl. Com. 177. The doctrine of merger probably results from the maxim, Nemo potest esse dominus et tenens; or perhaps from the inconsistency, but for it, of one person owning
Nemo dat qui non habet
No one can give a better title than he has). Consult Broom's Leg. Max. In application of this maxim, it is enacted by the (English) Sale of Goods Act, 1893, s. 21 (1), that 'where goods are
Lata culpa dolo 'quiparatur
Lata culpa dolo 'quiparatur (gross negligence is tantamount to fraud). It has been said that this maxim does not hold in English law; negligence, however great, does not of itself constitute fraud [Le Lievre v.
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »
Try the research workspace - 7 days free