Legal terms and Latin phrases

Respondeat superior
Let the principle be responsible Sitaram v. Shantanu Prasad AIR 1966 SC 1967 Vicarious liabilty

Qui facit per alium qui facit per se

He who does an act through another does it himself. Agent- principle Master- servant

Actus non facit reum nisi mens sit rea

The act itself does not constitute guilt unless done with guilty intent. Audi alteram partem: Hear the other side Volenti non fit injuria: Damage suffered by consent does not arise cause of action Chapman v. Lord Ellesmere (1932) All E.R. (221)

Ex turpi causa non oritur actio

No polluted hand shall touch the pure fountain of justice. Indian Contract Act, 1872: Sec 23: Lawful consideration and lawful object, expressly prohibited by law Uphill v. Wright (1911) 1 KB 506 Look at section 10 of the Indian Contract Act

Nemo dat quod non habet

No one can convey a better title than what he himself has Doctrine of holding out: Section 41 of TPA: Protects a tranferee from an ostensible owner against the real owner. The doctrine of feeding grant by estoppel: Section 43 of the TPA The Doctrine of election: Actual owner can choose to uphold or not.

 If a person is given the status of representative