Author : Tanvi Gupta Actus non facit reum nisi mens sit rea is a Latin maxim meaning an accused cannot be held guilty without criminal intent. Generally, any act has two intents physical and mental intent i.e. actus rius and mens rea. An act of the accused combined with an intention to specific criminal wrong proves
Author : Tanvi Gupta Actus nemini facit injurium is a Latin maxim meaning the act of law does injury to no one. This maxim states that bringing a law suit by plaintiff against other party causes no harm to second party. Application of law is based on this principle that if any person act beyond
Author : Tanvi Gupta Actor incumbit onus probandi is a Latin term meaning “burden of proof lies on the plaintiff”. This maxim states that onus to proof the claims made is on the plaintiff. He has to substantiate the claims and give proper evidence. For example, in case of any injury caused by the defendant, plaintiff
Author : Tanvi Gupta Actiones legis is a Latin term which was used mainly in Roman Law meaning Law suits or Lawful action. In Roman Law legis Actio prevailed from c. 450 B.C. to end of 2nd century B.C. The procedure under Actiones legis was divided into various stages. Firstly, the plaintiff calls the defendant
Author : Tanvi Gupta Actio personalis moritur cum persona has originated from Latin word meaning “a personal right of action dies with person”. This maxim was recognized in the year 1496 in a case where women found guilty of defamation died before paying compensation to tortfeasor.
Author : Tanvi Gupta Actio non datur non damnificato is a Latin word meaning “an action is not given to the one who is not injured”. This term is used where damage is essential to cause of action example in torts. It was discussed in Smith vs. Scott[1] where the question before court was liability