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Dơnload MYOB For Dummies, 9th Edition Sonya Prosper Full Chapter
Dơnload MYOB For Dummies, 9th Edition Sonya Prosper Full Chapter
Prosper
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57. Dentur omnes decimae primariae ecclesiae ad quam
parochia pertinet. All tithes must be paid to the Mother
Church to which the parish belongs.
This was a law of King Edgar, prior to which every man paid his
tithe to whatever church or parish he thought fit. (See Steph. Comm.
15th ed. Vol. I. p. 71.)
* 80. Ex dolo malo non oritur actio. An action does not arise
from a fraud.
(See Maxs. Nos. 82, 182 and 234.)
* 81. Ex nudo pacto non oritur actio. An action does not arise
from a nude contract.
Every simple contract must be supported by a valuable
consideration, as money, marriage, or the like. A good consideration
(i.e., relationship, or natural love and affection) will not support an
assumpsit. Chitty lays down the rule “that a sufficient consideration
or recompense for making, or motive or inducement to make, the
promise upon which a party is charged, is of the very essence of a
contract not under seal, both at law and in equity; and that such
consideration must exist, or the promise will be void and no action
be maintainable thereon.” Such consideration may be either
executed, executory, concurrent or continuing.
93. Fieri non debuit, sed factum valet. It ought not to have
been done, but having been done is valid.
A marriage by persons under the age of twenty-one years without
the consent of their father is valid, although by 4 Geo. IV. c. 76, s. 16,
such consent is made requisite. (See Max. No. 228.)
95. Fractionem diei non recipit lex. The law takes no note of
a fraction of a day.
When an act has to be done on a certain day, the whole of that day
is allowed in which to do it. This rule has exceptions, however, for in
case of documents registered on the same day, priority of registration
may be shown by the numbers, and this becomes, at times, of the
utmost importance.
106. Hoc quidem perquam durum est, sed ita lex scripta
est. This indeed is hard, but it is the written law.
Although, in some cases, equity mitigated the rigours of the law,
yet in others it was quite incapable of so doing; as, for example, many
of the old laws of inheritance were certainly hard and unjust, yet
equity gave no relief, the legislature having to intervene with the Act
3 & 4 Will. IV. c. 106.
107. Ibi esse poenam ubi et noxa est. The punishment should
be in the same place as the guilt.
This is so according to the dictates of common sense and fairness.
109. Idem est non esse et non apparere. Not to be and not to
legally prove are the same thing.
According to the laws of evidence, where he, on whom the onus of
proving the affirmative lies, fails in such proof, the contrary is
presumed, though there be no evidence in support of such
presumption.
131. Judicis est jus dicere non dare. It is for the judge to
administer, not to make the law.
Unwilling magistrates frequently shield themselves behind this, at
times, very convenient rule.
139. Lex non cogit ad impossibilia. The law does not force to
impossibilities.
This rule does not apply where a thing is impossible on account
only of the defendant’s personal inability to perform a contract. (See
Chitty on Contracts, 16th ed. pp. 763–4, and Max. 170.)
140. Lex prospicit non respicit. The law looks forward, not
backward.
It is but seldom that statutes are made retrospective.