Short and Pithy Legal Statements Expressing General Truth or Rule of Conduct. Law Community posts legal maxims for easier understanding by law students, lawyers and other legal professionals.
Happy is who was able to know the cause of things
- Generally, it means if any person having a knowledge about particular field and if any complication arise in any familiar field, then he may not become much distress about such problem because he have knowledge of such things about how to handle the difficulties - Therefore a person who have the knowledge as well as know the cause then he is happy.
A false description does not vitiate
- In simple sense, the maxim means, some inaccurate description or some grammatical mistakes or basic miscalculation will not make the whole gadget or document as a void. - Normally, if a document contains 2 side from which if one side is absolute and correct and another side have some basic inaccuracy than 2nd side shall be rejected instead of considering whole document void also note on that the instrument does not involve any malaise effect. - Thus, if one segment is true and another is not and if the true part decides the subject matter with all possibility than the false segment will be disregard.
Execution of the law does no injury.
- In simple terms, this maxim simply means that when the final judgment is pronounced by the court and by doing the execution of such decree if any person suffered loss due to the punishment than he/she cannot claim damages to the court. - Any harm or damages bear by alleged party cannot be considered as the injury, Why, because no damages can be recuperate from Executio legis non habet injuriam. - Thus, the one who has been punished and suffered any loss due to such punishment than the law does not provide the benefit of such injury to wrongdoer.
An Execution is the end and fruit of the law.
- Here, the term “execution” is used as a accomplishment or judgment or any order passed by any court. Basically the final judgment passed by the court. The execution is either on the side of the plaintiff or defendant. -The execution is held in order to derive the fruit of the final execution to either party. It is a one kind of benefit or relief received by either party from the court for wrongful act done by the respective party.
Exception that proves the rule.
- It is also used to give grounds for something that seems to contradict a rule. - In other words, this maxim states an exception to the regular or general rule which is to be followed. Exception alone is not taken unto the consideration; it is always an assumption that there exists a general rule. - It means that if there is an exception that can be applied to a specific case, it proves that a general rule exists.
Nothing comes from Nothing
- This phrase literally means if someone is entering into one agreement and create agreement but such agreement is not valid only than how one can take the benefit or can make the use of such agreement as agreement is nothing and from nothing we cannot take anything. - Basically, if someone is building agreement by mentioning various provisions and clauses for future need so for such agreement the provisions and clauses must be enforceable , accurate and reliable than and then only one can gain benefit from such agreement - Therefore, one can’t make something out of nothing.
Statement of falsehood
The legal maxim is of latin origin meaning a statement of falsehood or, in simpler words, a false statement. Suggestio falsi is feeding someone lies intentionally to benefit out of it and put the other person in loss. This act amounts to a fraud when the party was bound to disclose the truth in the first place to keep the fairness of the contract. Suggestio falsi is a ground to rescind an agreement or to avoid carrying it to execution.
Suppression of truth.
The legal maxim is of latin origin meaning suppression of truth is an offence. It means knowingly suppressing the truth, when it should have been disclosed in the first place, rightfully makes the contract invalid. Concealment of truth vitiates a contract. Parties are required to present everything with fairness to maintain a fair deal. Concealment of facts intentionally leads to false beliefs. Suppressio Veri is a ground to rescind an agreement or to avoid carrying it to execution.
Law will help only those who are vigilant.
The legal maxim is of latin origin meaning law helps those who are vigilant with their rights and not the one who sleeps. It means that those who are careless with their rights cannot be assisted by law. For one to claim to take advantage of his/her right they need to be watchful of those rights too. One person who decides to maintain his/her silence during the statutory period, after the statutory period they cannot claim enforcement of the rights.
No injury is done to a willing person.
The legal maxim is of latin origin meaning those who voluntarily agree to danger cannot ask remedy for the same. In literal meaning the maxim means that when a person agrees to danger then he cannot file a complaint for any damages suffered by him during the process. Here, it is necessary the consent was taken freely and voluntarily by the person and was not obtained by illegal means, and that the person was aware of what he might be subjecting himself to.
Where there is a right there is a remedy.
The legal maxim is of latin origin meaning there’s always a remedy available where there is a remedy. In literal meaning it means that in cases where a person has a right and that right has been infringed, that person can seek remedy for the violation of that right. It also means that there exists no wrong without a remedy. Here, the word ‘Jus’ means legal authority to mean or to do something and ‘remedium’ means right of action in a Court.
Law has regard for equity.
The legal maxim is of latin origin meaning law considers equity. This maxim preaches that, in applying law, a tribunal should consider and incorporate principles of equity.
Law does not compel the doing of impossibilities.
This legal maxim is of the latin origin meaning the law does not compel you to do anything vain or impossible. It is a very old maxim that was discussed by Justice Owen in Hughey v. JMS Development, meaning laws do not compel a man to do something he cannot possibly perform. Here, the word “lex” literally means a system of law, “non” means does not, “cogit” means to compel, “ad” means to, and “impossibilia” means impossible.
Against the morals or customs
This legal maxim is of latin origin meaning against morals, or customs, or good way of life. All contracts are considered illegal if they are contra bonos mores. These can be reduced to several classes: (1}Incentive to crime, which is a claim that cannot be sustained, therefore, on a bond for compounding a crime or for procuring a pardon. (2}Indecent consideration, or mischievous consideration, is an obligation or engagement which is either prejudicial to the feelings of a third party, or offensive to decency or morality, is void.
Not before a judge.
This legal maxim is of latin origin meaning a legal proceeding outside the authority of the judge, that is, without a judge, with no proper presence, or without any legal jurisdiction. Any order or sentence passed by a court or tribunal, which does not possess the authority to try an accused of that particular offence, shall be in violation of the law of the land, not enforceable, and it would be termed as Coram non judice.
The meaning is ‘he who acts through another, acts himself”.
The meaning is ‘he who acts through another, acts himself”. It is the fundamental legal maxim of “Law of Agency”. It is the authorized act of an agent and is equated to the principal's actions. It often describes the liability of an employer for the act of employee in terms of vicarious liability.