[Law Notes] Legal Maxims of Law of Torts by Shatakshi Srivastava

• Actio Personalis Moritur Cum Persona - A personal right/cause of action dies with a person. This maxim was laid down in the case of Hambly v. Trott.
• Ex Turpi Causa Non Oritur Actio - From a dishonorable cause, an action does not arise. This maxim was laid down in the case of Holman v. Johnson.
• Innuendo - Something not explicitly stated, but has the secondary defamatory meaning. This maxim was laid down in the case of Morrison v. Richie.
• Res ipsa loquitur -Things speak for itself. This maxim was laid down in the case of Bryne v. Boadle.
• Ab initio - From the beginning or inception. This maxim was laid down in the case of Delhi Development Authority Vs Kochhar Construction Work & Ors.
• Actus Curiae Neminem Gravabit - An Act of the Court shall prejudice no man. This maxim was laid down in the case of Busching Schmitz Private Limited Vs P.T. Menghani & Ors.
• Actus Non Facit Reum Nisi Mens Sit Rea – The act is not culpable unless the mind is guilty. This maxim was laid down in the case of Kartar Singh Vs. State of Punjab.
• Ad hoc - For this purpose only. This maxim was laid down in the case of Kalpana Mehta Vs. Union of India.
• Audi Alterem Partem - No man shall be condemned unheard. This maxim was laid down in the case of Nakkuda Ali Vs. M.F. De S. Jayaratne.
• Actori Incumbit Onus Probandi - The burden of proof lies on the plaintiff. This maxim was laid down in the case of Indra Raja & Ors. Vs John Yesurethinam.
• Actus Reus - A guilty deed or act. This maxim was laid down in the case of Additional Commissioner of Income Tax and Anr. Vs. Dargapandarinath Tuljayya.
• De Minimis Non Curat Lex - The law is not concerned with small things. This maxim was laid down in the case of Coward V. Baddeley.
• Ejusdem Generis - Of the same class, or kind. This maxim was laid down in the case of Kavalappara Kottarathil Kochuni & Ors. Vs The State of Madras & Ors.
• Ex Post Facto - After the fact. This maxim was laid down in the case of Calder V. Bull.
• Falsus in Uno Falsus in Omnibus -False in one thing is false in everything. This maxim was laid down in the case of Rizan & Anr. Vs. State of Chhattisgarh.
• Ignorantia Juris Non Excusat – Ignorance of the law is not an excuse. This maxim was laid down in the case of Motilal Padampat Mills Ltd Vs. State of Uttar Pradesh.
• In absentia - "In absence," or more fully in one’s absence of the person involved. This maxim was laid down in the case of In Re: Athipalayan And Ors. vs Unknown.
• Lex Non Cogit Ad Impossiblia - The law does not compel a person to do that which he cannot possibly perform. The law does not compel the performance of what is impossible. This maxim was laid down in the case of Industrial Finance Corporation of India Ltd. Vs. The Cannanore Spinning & Weaving Mills Ltd.
• Lex Specialis Derogate Legi Generali - Special law repeals general laws. This maxim was laid down in the case of Radha Mohan Maheshwari Vs. D.C.I.T - ITAT Jaipur.
• Locus Standi - The right of a party to bring an action or to appear before the court. This maxim was laid down in the case of Janata Dal Vs H.S. Chowdhary & Ors.
• Modus Operandi – To describe a particular method of working in which a crime is committed. This maxim was laid down in the case of Assistant Commercial Taxes Officer Vs. Kansai Nerolac Paints Ltd.
• Nemo Debet Esse Judex in Propria Sua Causa - No man can be judge in his own case. No one ought to be a judge in his own cause. This maxim was laid down in the case of Ashok Kumar Yadav & Ors. Vs State of Haryana & Ors.
• Pari Materia - Of the same matter, on the same subject. This maxim was laid down in the case of Bangalore Turf Club Ltd. Vs Regional Director, ESI Corporation.
• Qui Facit Per Alium Facit Per Se - He who acts by or through another, acts for himself. A person who does a thing through the instrumentality of another, is held as having done it himself. This maxim was laid down in the case of Ravula Subba Rao & Ors. Vs The Commissioner of Income Tax, Madras.
• Quid pro quo - What for what or Something f or something. This maxim was laid down in the case of Sreenivasa General Traders Vs State of Andhra Pradesh.
• Quo Warranto - An order issued by authority of the king. A legal proceeding during which an individual's right to hold an office or government’s privilege is challenged. This maxim was laid down in the case of The University of Mysore & Ors. Vs C.D. Govinda Rao & Ors.
• Res Integra - An entire thing; an entirely new or untouched matter. This maxim was laid down in the case of Union of India Vs K.V. Lakshman & Ors.
• Res Ipsa Loquitur - The thing speaks for itself. This maxim was laid down in the case of Thakur Singh Vs. State of Punjab.
• Ratio Decidendi - The reason or rationale for the decision by Court. This maxim was laid down in the case of Donoghue V. Stevenson.
• Sub Silentio - Under silence or In silence. This maxim was laid down in the case of Ajay Gandhi and Anr. Vs. B. Singh and Ors. AIR 2004 SC 1391.
• Suppressio Veri or Suggestio Falsi - Concealment of truth or a statement of falsehood. This maxim was laid down in the case of Dilip N Shroff Karta of N.D. Shroff Vs. Joint Commissioner of Income Tax, Special Range Mumbai.
• Ubi Jus Ibi Remedium - For every wrong law provides a remedy. This maxim was laid down in the case of Leo Fiest v. Young.
• Volenti Non Fit Injuria - To the consenting, no injury is done. This maxim was laid down in the case of Sara Samma and Ors. Vs. G. Pandurangan.
• Vigilantibus et non dormientibus jura subveniunt - Law aids the vigilant and not the dormant or laws aid/assist those who are vigilant, not those who sleep upon/over their rights. This maxim was laid down in the case of Pushpammal Vs. Jayavelu Gounder (Died), Krishna Gounder.

About the Author: This Legal Maxims is Authored by Ms. Shatakshi Srivastava, law student at PSIT College of Law and is an intern at MyLawman. She can be reached at shatakshisri2329@gmail.com. 

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