Maxim - Law Dictionary Search Results
Agent
do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort
Contemporanea expositio est optima et fortissima in lege
in lege. 2 Inst 11.-(A contemporaneous exposition is the best and most powerful in law.)-2 Inst. 211. A maxim applicable both to ancient grants and statutes: see Broom's Legal Maxims.
Fiction
see Maine's Anc. Law, ch. II. The English law has always abounded in fictions, and thre is a maxim that in fictione juris semper 'quitas existit. See, e.g., EJECTMENT; FINE; FRACTION OF A DAY; LATITAT; QUOMINUS; TROVER.
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Contracting out of a statute
Contracting out of a statute. In accordance with the maxim, Quilibet potest [or Cuilibet licet] renunciare juri pro se introducto, persons for whose benefit a statute has been
Laches
legal remedy whereby the party forfeits the benefit upon the principle Vigilantibus non dormientibus jura subveniunt. See that maxim; also Nullum tempus occurrit regi; and LIMITATION OF ACTIONS.
Impotentia excusat legem
legem. In Re Presidential Elec-tions, AIR 1974 SC 1682 (1686). For an instance of the application of this maxim, see Eager v. Furnivall, (1881) 17 Ch D 121.
Implication
removed by express words supplying the agreed meaning which would otherwise have been left to inference. See the maxim: EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS. Means (1) the act of showing involvement in some-thing, esp., a crime or
Illegal contract
Leake or Chitty on Contracts; Odgers on the Common Law. An illegal contract cannot be sued on. See maxim: IN PARI DELICTO MELIOR EST CONDITIO POSSIDENTIS; and CONTRACT; IMPOSSIBILITY.
Gavelkind
half so long as he remains unmarried; (3) gavelkind lands were not liable to escheat for felon, the maxim being, 'The father to the bough, the son to the plough,' although they were for treason or want
Frater fratri uterino non succedet in h'reditate paterna.
uterino non succedet in h'reditate paterna.--(A brother shall not succeed a uterine brother in the paternal inheritance.) The maxim is now superseded; for by the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), s. 9,
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