Explanatory notes on

Maxims
 Actio personalis moritur cum persona
 “A personal right to action dies with the person”- Common
Law in England before 1934
 Reversed by Law Reforms Act 1934.
 Three exceptions to the maxim-
 Defamation
 Attack or assault
 Personal damages
 In India, Fatal Accidents Act 1855,
 Provides for right of action on behalf of the deceased (death
caused on accident by negligence)
 For liabilities of parties due to breach of contractual duties, a
personal right to action does not die with the person. Their
attorney can claim damages.
 Actus non facit reum, nisi mens sit rea

 “Act itself does not constitute guilt unless done with guilty
intent.”
 Under Penal Law, there are two parts of crime:
 Body is guilty (of crime committed)
 Mind is guilty – necessary to prove the guilt of the accused.
 Definition of guilty mind –
 Defined in various provisions of Indian Penal Code.
Delegatus potates non potest delegare
 Meaning:-“Delegated power not be further delegated”.
 Basis of contract between principal and his agent (section 190 of
Contract Act)
 Sub agent cannot be employed unless
 He forms a part of the agency by trade custom
 Assent of the principal is given
 Especially applicable where-
 Personal skill of the agent is essential, or
 Trust & confidence of discretionary power is reposed in the agent.
 Exceptions provided in Contract Act (section 190):
 Nature of work: Agent for selling property appointing auctioneer
 Clerical work: where no skill is required
 Commercial: Architect appointing surveyor
 Consent of principal
 Ex trupi causa oritur actio
 Meaning:- “ A right of action will not rise from a
base cause.”
 An illegal contract is generally unenforceable.
 If petitioner takes recourse to illegal conduct to prove
the claim, court will not accept the claim.
 In pending criminal prosecution, any agreement for
compromise will be illegal.
 Ignorantia legis semi nem excusat
 Meaning: “Ignorance of law is no excuse.
 When mistake is pleaded as a defense, it must be one
of fact, not of law.
 Every man is taken to be cognizant of the law.
 Volent non fit injuria
 MEANING: That to which a person consents,
can not be considered as injury.
 If one has a prior knowledge of risk involved in a
contract, or shows willingness to take risk; it is not
enough.
 Nothing will suffice short of an agreement to
waive any claim for negligence.
 In a car racing club, when a spectator was injured
due to collision of two cars, the club was not held
liable to damages, as the spectator had voluntarily
taken the risk and should have anticipated danger.
 Ut res magis valeat quam pereat
 Meaning: It is better for thing to have effect than to
be made void.
 Suppose two meanings of a document are admissible.
 One of the meanings affects all the clauses in the document.
 The other meaning nullifies one or more clauses of the
document
 Then, the earlier meaning should be accepted.
 (Radha Sundar Vs. Mohammed Rahim; AIR, 1959, SC
24)
 Ubi jus ibi remedium
 Meaning: Where there is right, there is remedy. No
right can exist in absence of a remedy.
 A person who has sustained damages is entitled to
claim damages and should be compensated by the
court.
 D.K. Basu Vs State of West Bengal (1997 1 SCC
416) order passed by Supreme Court on custodial
death, referring Article 21 of Constitution of India.
 Par in Perem imperium non habet
 An equal has no power over another equal.
 Applied under International law; np state will have
dominion contol over the sovereignty of another
state
 Constitution of United Nations is based on this
maxim.
 There are two consequences of this:
 No state can claim its supremacy on any other state,
 No court of any state can interfere with the administrative
functions of any other state.
 Namo dat quod remedium
 Meaning: No one can transfer better title than he
himself.
 Sec. 27 of Partnership Act is based on this maxim.
 If a parter within his apparent authority receives money
or property from a third party, and misapplies it, the firm
is liable to make good the loss.
 Similarly, if the firm receives money in course of its
business, and one partner misapplies it, the firm is liable
to make good the loss.