Legal Maxims
1. Volenti Non t injuria:
●to a willing person, an injury is not done.
●A and Z agree to fence with each other for amusement. This agreement implies the
consent of each to suer any harm which, in the course of such fencing, may be caused
without foul play; and if A, while playing fairly, hurts Z, A commits no oence.
2. Caveat Emptor means ‘let the buyer beware’.
●If Hasan wants to buy a car from Allison–under the caveat emptor principle–he is
responsible for gathering the necessary information to make an informed
purchase. In order to gather this information, Hassan may decide to ask Allison how
many miles the car has on it, whether any major components need to be replaced,
whether it's been serviced regularly, etc.
3. Actus non facit reum, nisi mens sit rea:
●An act does not make a person guilty of an oence, unless the mind is guilty.
●A, in good faith, believing property belonging to Z to be A’s own property, takes that
property out of B’s possession. Here, as A does not take dishonestly, he does not commit
the oence of theft.
4. Audi alteram partem:
●‘Hear the other side’/ ‘Let the other side be heard as well’
●A failure to inform a person of a case being made against them and an opportunity to be
heard - Servicing Summons to Defendant in a Civil Case
5. Ignorantia Facti Excusat:
●Ignorance of a fact is an excuse.
●Any act done under a mistaken impression of a material fact is excused.
●A sees Z commit what appears to A to be a murder. A, in the exer cise, to the best of his
judgment exerted in good faith, of the power which the law gives to all persons of
