An incidental remark or opinion by a judge that is not binding.
The legal maxim is of latin origin meaning “said in passing” or an “incidental statement”. The maxim roughly translates to “by the way” and it refers to a statement a person said in passing. While talking in legal terms this maxim refers to a persuasive statement only and it is an unnecessary passage in a judicial opinion. Such statements are not supported by the force of precedent but may be significant to the case.
The acknowledgment of the salary of the accused in the case of trespass was “obiter dictum” to the case.
Mohandas Issardas v. A.N Sattanathan, (AIR 1955 Bom)
While answering a few questions about “whether an obiter dictum of the Supreme Court was as much binding upon the High Court as an express decision given by the Supreme Court”, the court observed that: Obiter dictum was an expression of opinion on a point, which was not necessary to the decision of the case.
Where there is a right, there is a remedy.
This is a legal maxim, which means that where there is a right, there is a remedy. To get a legal remedy, a person should possess a legal right. Whenever the law gives a right to a person or prohibits an injury, then it also provides a remedy. So to sue in the court of law, one should establish his right and its violation.
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.