Why Legal Maxims Is Important
74. Quantum meruit – What you deserve. or The amount he earns. In other words, a reasonable amount of money to be paid for services rendered or work performed if the amount due is not specified or specified in a legally binding contract. A tenant whose home is damaged by fire or storm is not obliged to renovate the house to his own detriment, even if he is not released from his lease at the expense of his landlord. Unless he undertakes to repair and maintain the premises, except in the event of fire, storm or other disaster, it must be rebuilt if the premises are destroyed by fire or other victims. If he is a tenant, he must pay the rent until the end of his term or, if he is a tenant, from year to year, until he establishes the tenancy by termination. The owner is also not obliged to rebuild in case of fire, even if he has insured the property and received payment from the insurance company. In order to protect the tenant from all these problems, he must include a certain clause in the lease or contract. In this case, the legal maxim Actus legis nemini facit injuriam applies. 63.
The Pacta Sunt Servanda agreements must be respected. Or the agreements are legally binding. In international agreements, this means: « Any applicable contract is binding on the parties and is performed by them in good faith. » Here are some maxims that have often been used when deciding case law: LawSikho has created a telegram group for the exchange of legal knowledge, recommendations and various possibilities. You can click on this link and register: each legal provision or action is written for a specific purpose. The judiciary has an important responsibility to interpret the provisions in such a way that the will of Parliament is not frustrated. Legal maxims play an important role in supporting the judiciary by providing a method and standards for interpreting legislation. The Limitation Act of 1963 is the clearest manifestation of this concept. If a criminal offence is believed to have been committed, the injured person must essentially bring legal action within a « prescribed period » as defined in the Limitation Act 1963. Otherwise, the appeal may be dismissed.
In legal language, people asserting a legal right must be careful when exercising it. The reverse is also true, people who claim to have been wronged should file their claims as soon as possible. For example, if X has been abused by her husband and family for the dowry, she cannot seek redress after seven years of marriage. A similar opinion on legal maxims can also be found in Scotland. There it was observed that in the Morrisons dictionary and other authorities and reports, legal maxims are very often used. They were also used in ancient Scottish legal issues, which respect the rights, remedies and duties of individuals, are determined by the direct application of statutory maxims. The literal meaning of the legal maxim is that the burden of proof lies with the plaintiff. « The court used the doctrine of Pacta Sunt Servanda to determine the reliability of the French statement (i.e. promises must be kept). Trust is fundamental in international cooperation, especially at a time when cooperation in different disciplines is becoming increasingly important.
Accordingly, the States concerned could take note of and trust unilateral declarations and had the right to demand that the commitment thus undertaken be respected. This article was written by Oishika Banerji of Amity Law School, Kolkata. This article provides a detailed list of legal maxims and their applications for its readers. I am glad that these legal maxims and their meaning have helped you. Sir James Mackintosh, Scottish lawyer, Whig politician and historian, made his statement on maxims as follows: « Maxims are the condensed sound mind of nations. » The plaintiffs and other Hindus may feel reverence for the goddesses in question, but what right are the defendants denying them by showing the video in the exercise of their prima facie legal right? The defendants show the film that is certified and they do so in the exercise of their statutory right. No legal rights of the plaintiffs are violated. The applicants in R. Balakrishna Pillai v. The State of Kerala (2003) was convicted under sections 5 (2) and 5 (1) (d) of the Prevention of Corruption Act, 1947 of causing M/s.Graphite India Ltd, Bangalore, to obtain something of value, namely electricity, by illegally selling it to the company and abusing its official position as a public official.
which resulted in a monetary advantage for M/s.GIL of Rs.19 lakhs and odd parts. Michael Polanyi, a Hungarian-British polymath who made important theoretical contributions to physical chemistry, economics and philosophy, said maxims are important for explicit and implicit modes of understanding. He said: « Maxims are rules whose correct application is part of the art they govern. Maxims can only work within the framework of personal (i.e. experiential) knowledge.  In literary terms, a legal maxim is a very concise expression, closer to a notion of a fundamental rule or principle. It is often educational and often refers to specific actions. The Oxford Dictionary of Philosophy defines it as: « In general, any simple and memorable rule or guide to life; For example: « No borrower or lender. » « The decision was taken under the legal maxim damnum sine injuria. It was based solely on the idea that a person who has not been the victim of injustice is not entitled to compensation. In certain circumstances, compensation is sought arbitrarily. In other cases, however, this philosophy seems to be wrong, as many real criminals go unpunished, resulting in the loss of innocent people. Legal concepts change over time and new ideas are accepted as needed.
Before assessing a case, various additional factors must be considered in order to implement this approach. Before a person is detained, the background, circumstances and purpose must be investigated. In P.G. Pattabi v. Mythili (2010), the Madras High Court had stated that the Latin maxim, actus legis nemini facit injuriam, could not be challenged or claimed to have been violated by the Court`s legal proceedings. In the present case, the Court had considered that the applicant`s appeals in cassation would all amount to subjecting the court to an error in the continuation of the proceedings. In such a case, it must be established whether or not the applicant suffered material damage during the enforcement proceedings. This legal maxim means that the law helps those who respect their rights, not those who don`t. This implies that people who manage their rights irresponsibly are not helped by the law.
In order to claim to be exercising one`s right, one must also be aware of those rights. After the expiry of the legal period, a person who remains silent during the legal period can no longer assert the enforcement of his rights. 75. Qui facit per alium, facit per se – He who acts through another acts himself. Simply put, this is a fundamental legal maxim in agency law. This is a maxim that is often mentioned in the discussion of the employer`s liability for the employee`s actions in the sense of enforcement agents (indirectly, second-hand). The Supreme Court had held that a purchaser who receives notice under section 4 of the Land Acquisition Act 1894 does not acquire any right to the land and does not have the right to claim land under the Directive because the sale is void ab initio. Some of the notable paragraphs regarding the maxims discussed are listed below: 98. Pacta Sunt Servanda – Agreements must be respected. Or the agreements are legally binding. Legal maxims are entertaining and their expressive wisdom finds the approval of modern law students and lawyers. That is why it is very common for them to throw such maxims often during the dispute.
Commentaries on maxims in legal libraries create historical curiosities. To date, they serve as guiding principles for the legal literature. 31. De minimis Non Curat Lex – The law does not regulate trivialities (unimportant things). Or the law doesn`t deal with small or insignificant things. Read section 95 of the IPC. Or a common law principle that judges do not rule on extremely minor violations (misdemeanors, misdemeanours) of the law. Each legal maxim is the concise form of a broad definition, and each of them comes from a different source or jurisprudence.
There are many types of legal maxims. Most of them came from the ancient Latin usage of a particular word or phrase. Legal maxims are established legal principles that are generally accepted, and people in the legal field are well aware of these words. These are mainly Latin words or a combination of a few words. Most Latin maxims date back to the Middle Ages in European states where Latin was the preferred language for legal purposes. Some of the meanings of the legal maxims are: Damnum sine injuria literally means « loss or damage in connection with money, property or any physical loss that occurs without violation of any legal right ». Even if the conduct was intentional and was done with the intent to harm someone else, but without violating legal human rights, it is not legally punishable. There are many types of law, such as family law, civil law, criminal law, contract law, etc. It is common knowledge that anyone who breaks any of these laws will be held liable. The maxim ignorantia juris non excusat explains this principle.