The-Indian-Penal-Code-1860

Legal Maxims Part 4

  • Innuendo – It means defamatory words that appear innocent prima facie but they had hidden defamatory meaning.
  • In status quo – The present status of a particular thing
  • Nemo Dat Quod Non-Habet – It means, no one can transfer a better title than he himself has. For example, if a person is not the owner of a property, then he can not legally transfer that property to someone.
  • Qui Facit Per Alium Facit Per Se – He who acts through another on his behalf then the law considers that he has done that act. It is applicable in the cases of vicarious liability.
  • Res Ipsa loquitur The thing speaks for itself.  It is a rule of evidence applicable in cases of negligence. Generally, the burden of proof is upon the plaintiff that the defendant has committed a tort against him but in the cases of negligence this burden of proof gets shifted to the defendant and the court presumes that the defendant has committed the tort of negligence and the burden of proof is upon the defendant that he has not committed the tort of negligence.

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