The maxim denotes the meaning “proof overcomes presumption”.
The maxim denotes the meaning “proof overcomes presumption”. This maxim gives the effect of placing upon the opposing party the burden of establishing the nonexistence of the presumed fact, once the party invoking the presumption establishes the underlying facts giving rise to it.
‘A’ damaged 'B's property and declared that he did not do so. It is 'B', who has to prove that his property was destroyed by 'A', until then 'A's fact is considered as a real fact.
Western & Atlantic R.Co V. Henderson 279 U.S.639 (1929)
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.
A delegate cannot further delegate.
This Latin maxim means that a person to whom a power is delegated cannot further delegate that power. That person cannot sub-delegate that power to someone else. No sub-delegation can be done in a contract of principle-agent without the knowledge and consent of the principle. This principle is often used in administrative or constitutional law.
Action is not given to one who is not injured
Actio Non Datur Non Damnificato is a Latin maxim, which states that an action is not given to one who is not injured. It means that a person who has not suffered any damage will not have a cause of action. It is only applicable to the cases where damage is necessary as a cause of action. It is a legal maxim, which governs the branch of law, which deals with the rights of subjects to maintain actions at law