Sei sulla pagina 1di 2

Brocard Latin Phrases

No need to respect the obligation if other party has already breached contract: Inadimplenti non est adimplendum :"One has no need to respect his obligation if the counter-party has not respected his own." The law is harsh but it must be followed. Dura lex, sed lex Ignorance of the law is no excuse. Ignorantia legis non excusat When a rule is clearly understood, there is no need of proposing an extensive interpretation. In claris non fit interpretatio Agreements between contracted parties must be kept. Pacta sunt servanda Refers to the privity of a contract, which cannot bind or benefit a third party without consent. Res inter alios vel iudicata, aliis nec nocet nec prodocet Respect your obligations first before you ask for reimbursement or consideration Solve et repete If the law intended to regulate further, it would have. We can work only within the text of the law. Ubi lex voluit, dixit; ubi noluit, tacuit You cannot give what you do not have. used when party had no rights to the property he transferred Nemo dat quod non habet
*********************************************** Full list of legal terms Actus Reus Guilty act The offence of which the defendant is accused Ad Idem In agreement ie as one; agreed eg the parties are ad idem on this point Ad Infinitum Without limit Describes an event apparently continuing without end Ad Litem Amicus Curiae A friend of the court ; A neutral party who does not represent any individual party in the case who will be asked by the Court to make representations from an independent viewpoint Bona Fide attempt to fraud In good faith A Bona Fide Agreement is one entered into genuinely without

Compos Mentis Of sound mind Legally fit to conduct/defend proceedings De Facto In fact "As a matter of fact" Erratum An error Exempli Gratia (eg) e.g- For example Used when qualifying a st atement by explaining through an example Ex Post Facto Subsequent act Something that occurs after the event but having a retrospective effect Functus Officio A judicial or official person prevented from taking a matter further because of limitation by certain regulations- e.g. the Age of Minority Act prevents rulings holding minors liable for breach of contract Id Est i.e - That is to say Used as a description to explain a statement in pleno In full in situ In it s place In Re in the matter of Intra Vires within the power of the court

Ipso facto (/Selecto) by the fact itself, exempli grati: she admitted to killing him, ipso facto, she is guilty of murder mala fides Bad faith uberrima fides Good faith Prima Facie at first sight - Evidence which by itself would be sufficient to prove a case unless disproved. Res Ipsa Loquitur The Thing speaks for itself. Semble It appears in delicto at fault culpa acted with neglect or mistake non sequitur inconsistent statement per curiam In the opinion of the court Per Minas by means of menace or threat in solidum Each joint-debtor is 100% liable for the full amount re In the matter of sciens knowingly implied assumpsit reasonable assumption of obligation uno flatu at the same moment, within one breath verbatim quote, word by word, exactly volens willing alimenta means of support, e.g. food, water, shelter.. ambigendi locus Room for doubt contra legem against the law ab initio From the beginning e.g. the contract may be rescind ab initio Non est factum defence when signing was a mistake consummatum est it is completed Ei incumbit probatio qui dicit, non qui negat the burden of proof lies with he who asserts, not he who denies. Vigilantibus non dormientibus quitas subvenit . Laches defence- the plaintiff delayed action longer than is reasonable, which causes undue detriment to the defendant should it now occur.

Potrebbero piacerti anche