Legal Maxims

Literal Meaning He has confessed the action Origin Latin Explanation The maxim confers to a defendant’s written confession for an action brought against him, to which he has no available defense. The confession is usually based upon designated conditions, given in...

Literal Meaning By the way Origin Latin Explanation The maxim refers to a passage in a judicial opinion which is not necessary for the decision of a case before the court. Such statements lack the force of precedent but may nevertheless be significant. In general...

Literal Meaning A right of action cannot arise out of fraud. Origin Latin Explanation The maxim is a general rule of public policy, which describes that the courts will not sustain an action which arises out of the moral turpitude or by the violation of general law,...

Literal Meaning When the law gives anything to anyone, it also gives all those things without which the thing itself could not exist. Origin Latin Explanation According to this maxim, whoever grants a thing is supposed also tacitly to grant that without which the...

Literal Meaning A point judicially decided is taken to be correct Origin Latin Explanation According to this maxim, a suit/dispute in which the matter directly or substantially in the issue has been directly/ substantially in issue in a former suit between the same...

Literal Meaning No one ought to be a judge in his or her own cause. Origin Latin Explanation It is the principle of Natural Justice. According to this maxim, the authority giving decision must be composed of impartial persons and should act fairly, without prejudice...

Literal Meaning The thing speaks for itself. Origin Latin Explanation The concept of res ipsa loquitur allows the plaintiff to establish a presumption of negligence on the part of the defendant through the use of circumstantial evidence. According to this maxim, the...

Literal meaning A naked agreement Origin Latin Explanation The maxim denotes an agreement made without any consideration. As per law, for a contract to be valid it must show a mutual intent to contract including an offer, an acceptance, and a consideration. Thus, one...

Literal Meaning To A Willing Person, No Injury Is Done Origin Latin Explanation It is one of the major defenses in the Law of Torts. As per this maxim, the person who himself voluntarily waived or abandoned his right cannot have any claim over it. It is a common law...

Literal Meaning The Law looks forward, not backward. Origin Latin Explanation An established rule of interpretation of legislation is that unless a contrary intention appears, it is presumed not to be intended to have a retrospective operation. The idea behind this is...

Literal Meaning He who acts through another does the act himself. Origin Latin Explanation The above maxim is similar in the sense of the Latin maxim - Respondeat Superior, which is a traditional basis of vicarious liability. It means, that an employer is liable for...

Literal Meaning Let the Master Answer Origin Latin Explanation The above legal doctrine holds an employer or the principal legally responsible/ liable for the wrongful acts of an employee or agent when it occurs within the scope of the employment or agency. It is...

Literal Meaning Bad grammar does not vitiate a deed. Origin Latin Explanation This legal maxim denotes that a will cannot be invalidated merely based on bad grammar. This maxim is further continued with another maxim ‘Sed in expositione instrumentorem mala grammatica...

Literal Meaning Silence equals consent. Origin Latin Explanation One who remains silent is considered to approve. According to this maxim, we are considered to be consenting to trespass against us, if we say nothing or do nothing. Illustration A and B are siblings. A...

Literal Meaning No one can go against his own act Origin Latin Explanation When a person has performed an act, it is binding on him and he/she cannot depart from that act or do anything contrary to it. No one can intervene in his/her own deed. The principle of...

Literal Meaning Subsequent laws repeal prior conflicting ones Origin Latin Explanation This is also referred to as the doctrine of implied repeal which is a concept in the constitution where an act of Parliament conflicts with an earlier one, the later Act takes...

Literal Meaning No action arises from an immoral cause or base consideration. Origin Latin Explanation A person is not allowed to claim damages from the defendant if the plaintiff himself is involved or has committed an illegal act. The legal maxim Ex Turpi Causa Non...

Literal Meaning No man is obliged to accuse himself except before God. Origin Latin Explanation This legal maxim denotes that any accused person is entitled to make a plea of not guilty, and also that a witness is not obliged to give a response or submit a document...

Literal Meaning An act of God causes legal injury to no one. Origin Latin Explanation When an event is caused by the effect of nature without any human intervention, it is called ‘an act of God.’ No one is responsible for the inevitable accidents. The act of God...

Literal Meaning An act does not make one guilty unless there is a criminal intent. Origin Latin Explanation According to this maxim, to be guilty of a crime under criminal law, two elements are considered which include a guilty act and a guilty state of mind. Without...

Literal Meaning Listen to the other side or let the other side be heard as well Origin Latin Explanation In most law frameworks, "Audi alteram partem" is called a theory of fundamental justice or equality, or the concept of natural justice. This theory covers the...