ENGLISH TEST WORK!

1.ACTIO PERSONALIS MORTIUR CUM PERSONA

MEANING:-A personal action dies with the person
APLICABILITY:-It is a common rule applicable to torts ,now it is
applicable to actions for defamation, seduction, enticement of
a spouse & claims for damages for adultery
EXCEPTIONS:- Action under contracts; unjust enrichment of
tort feasors estate.
CASE LAW:-1.BAKER VS. BALTON- wife of plaintiff died due to
brick falling on her, plaintiff asked for damages for death as
well as the sufferings he had to go through, but it was
considered unnecessary under this maxim.
after this law reform act 1934 came and overruled this case
2.TAMILNADU VS. RAJAPRIYA:- in this case plaintiff's wife
died due to motor vehicle accident, so she asked for damages
for his death and was awarded the same
 AUDI ALTERAM PARTEM
MEANING:-right of opposite party to be heard in court
APPLICABILTY:-this maxim is a part of natural justice so is
applicable everywhere
EXCEPTION:-the only exception to the rule is the legislative
intention to the contrary. This rule can be overlooked in some
exceptional cases; exclusion in emergency; exclusion in case of
the dire; public interest; exclusion in cases of confidentiality;
academic adjudication; impracticability; interim preventive
action; legislative action.
CASE LAW:-1.Maneka Gandhi vs. Union of India:- In this case,
the passport of mrs. Maneka Gandhi was impounded by the
central government in public interest, without giving her a fair
hearing as also without furnishing her the reasons for passing
an order, Held that it was held that the order was clearly
violation of natural justice embodied in the maxim audi
alteram partem.
2.ERRINGTON VS. MIN. OF HEALTH:-demolishing of building
and inspection without residents knowledge
 DAMNUM SINE INJURIA
MEANING:-damage without infringement of legal right
APPLICABILITY:-torts
CASE LAW:-gloucestor grammer school(school case)
chesmore vs. richards(water mill &well case)
EXCEPTIONS:- NONE
INJURIA SINE DAMNUM
MEANING:-violation of legal right without damages.
APPLICABILITY:-torts
EXCEPTIONS:- no exceptions
CASELAW:- Ashby vs. White(vote case)
Bhim singh vs. state of j&k(mla entry)
 DELEGATUS NON PROTEST DELEGATE
MEANING:-No delegated power can be further delegated
APPLICABILTY:-It is applicable in constitutional and
administrative law
EXCEPTIONS:- When principal expressly authorises the agent
to delegate the responsibilty to third person or another agent;
special order passed by court; the concept of delegation can
take place if required for proper performance; present the
account o demand of principal
CASE LAWS:- AK ROY VS. STATE OF PUNJAB( FOOD SAFETY
MINISTRY FILES CASE)
STATE VS.KUNJA BEHRI CHANDRA( MINISTRY DELEGATES
COMMITEE COMMITEE DELEGATES OFFICER)
 NEMO DAT QUAD NON HABET
MEANING:-No one can convey a better title than what he
himself has.
APPLICABILITY:-Sales of goods act
EXCEPTION:-Title by estoppel; title under act of broker; sale
under special rights ; sale in open market; transfer of
negotiable instruments
CASE LAWS:-pearson vs. rose & young(car was supposed to
be kept only to know offers for it, but the shopkeeper sold
it.which was unlawful under this maxim )
RES IPSA LOQUITOR
MEANING:-the things speaks for itself
APPLICABILITY:-the maxim is applicable to those accidents
which could not have happened without defendents negligence
EXCEPTION:- no exception
CASE LAWS:-marakkar vs. state of kerala(man falling into
pothole made by defendent and left open carelessly)
 2.municipal corporation of delhi vs. shubhangwati( clock
tower whose life was 40yrs was not repaired till 80 yrs and thus
it fell and killed)
RESPONDENT SUPERIOR
MEANING: LET the principal be liable
APPLICABILITY:-Almost every case related to master servant
relation
EXCEPTIONS:-the servant had acted beyond his powers; the
act was done when not on service.
CASE LAWS:-Baxi amrik singh vs.U.O.I(millitary truck hit a
car and govt paid damages)
state of rajasthan vs. vidhyawati( govt jeep going for repair
man took lift had accident man killed, govt held liable)
UBI JUS IBI REMEDIUM
MEANING:-where there is a right there is remedy
EXCEPTIONS:- THERE is no legal remedy for all moral or
political wrong.
 CASE LAWS:- ASHBY VS. WHITE(VOTE)
BHIM SINGH VS. STATE OF J&K(MLA ENTRY)
VOLENTI NON FIT INJURIA
MEANING:-damages suffered by consent is not a cause for
action
APPLICABILTY:- TORTS
EXCEPTIONS:-negligence; unlawful act; scienti non fit
injuria(only knowledge of risk does not mean acceptance)
CASE LAWS:-1.HALL VS. BROOKLAND AUTO RACING
CLUB(CAR RACING ACCIDENT ONE CAR WENT TO AUDIENCE
AND HURT THEM BUT NOT ACTIONABLE)
2.PADMAVATI VS. DUGGANAIKA( MAN TOO LIFT IN JEEP
,TIRES SCREW CAME OUT, PASSENGER DIED BUT NOT
ACTIONABLE)