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"I need hardly repeat that I detest the attempt to fetter the law with maxims. They are almost invariably misleading; they are for the most part so large and general in their language that they always include something which really is not intended to be included in them": Lord Esher, MR, 1887.
"[T]hese general formulae are found in experience often to distract the Court's mind from the actual exigencies of the case, and to induce the Court to quote them as offering a ready made solution": Lord Wright, 1940.
"If that phrase [res ipsa loquitur] had not been in Latin, nobody would have called it a principle. . . . The day for canonizing Latin phrases has gone past.": Lord Shaw of Dunfermline, 1923.
Whilst the old maxims have never been authoritative statements of the law, they do have a place in the affections of lawyers and laymen alike. A selection follows for those who wish to use them at dinner parties or to score a specious point in an unwinnable argument! The original Latin maxim is followed by its English translation.
A verbis legis non est recedendum You must not vary the words of a statute. Absoluta sententia expositore non indiget When you have plain words capable of only one interpretation, no explanation of them is required. Abundans cautela non nocet There is no harm done by great caution. Accusare nemo se debet; accusare nemo se debet nisi coram Deo No one is bound to accuse himself except to God. Acta exteriora indicant interiora secreta External actions show internal secrets, i.e., intention may be inferred from a person's actions. Actus curiae neminem gravabit An act of the Court shall prejudice no one. Adversus extraneos vitiosa possessio prodesse solet Prior possession is a good title of ownership against all who cannot show a better. Aedificatum solo, solo cedit What is built on the land is to be regarded as having become part of the land. Aequitas sequitur legem Equity follows the law. Affirmanti non neganti incumbit probatio The burden of proof is upon him who affirms, not upon him who denies. Ambulatoria est voluntas defuncti usque ad vitae supremum exitum The will of a deceased person is ambulatory [revocable] until the last moment of life. Audi alteram partem Hear the other side. Clausulae inconsuetae semper inducunt suspicionem Unusual clauses always excite suspicion. Consuetudo est altera lex A custom has the force of law. Contemporanea exposito est optima et fortissima in lege The best way to construe a document is to read it as it would have read when made. Cujus est dare ejus est disponere He who gives anything can also direct how the gift is to be used. Cujus est solum ejus est usque ad coelum Whose is the soil, his is also that which is above it. De minimis non curat lex The law does not concern itself with trifles. Debitor non praesumitur donare A debtor is not presumed to give. Delegatus non potest delegare A delegate cannot delegate. Domus sua cuique est tutissimum refugium To everyone his house is his surest refuge. Dona clandestina sunt semper suspiciosa Clandestine gifts are always to be regarded with suspicion. Eodem modo quo oritur, eodem modo dissolvitur What has been effected by agreement can be undone by agreement. Ex dolo malo non oritur actio No right of action can have its origin in fraud. Ex maleficio non oritur contractus A contract cannot arise out of an illegal act. Ex nudo pacto non oritur actio No right of action arises from a contract entered into without consideration. Ex turpi causa non oritur actio An illegal contract cannot be enforced. Expedit reipublicae ut finis sit litium It is in the public interest that the decision of cases should be final. Expressio unius personae vel rei, est exclusio alterius The express mention of one person or thing is the exclusion of another. Fractionem diei non recipit lex The law does not recognize any fraction of a day. Fraus omnia vitiat Fraud vitiates everything. Frustra legis auxilium quaerit qui in legem comittit He who offends against the law vainly seeks the help of the law. Generalia specialibus non derogant General things do not derogate from special things. Ignorantia juris quod quisque scire tenetur non excusat Ignorance of the law, which everybody is supposed to know, does not constitute an excuse. Impotentia excusat legem Impossibility of performance of a legal obligation is a good excuse. In pari causa potior est condition possidentis Everyone may keep what he has got, unless and until someone else can prove a better title. Injuria non excusat injuriam One wrong does not justify another. Interpretatio chartarum benigne facienda est ut res magis valeat quam pereat The construction of deeds is to be made liberally, so that the thing may survive rather than perish. Lex non requirit verificari quod apparet curiae The law does not require verification of that which is apparent to the Court. Mala grammatica non vitiat chartam Bad grammar does not vitiate a deed. Nemo agit in seipsum No one can take proceedings against himself. Nemo contra factum suum proprium venire potest No one can go against his own deed. Nemo debet esse judex in propria causa No one can be judge in his own cause. Nemo potest facere per alium, quod per se non potest No one can do through another what he cannot do himself. Nemo tenetur ad impossibile No one is required to do what is impossible. Non aliter a significatione verborum recedi oportet quam cum manifestum est aliud sensisse testatorem There should be no departure from the ordinary meaning of words except where it appears that the testator meant something different. Non videntur qui errant consentire Those who are mistaken are not deemed to consent. Noscitur a sociis The meaning of a word can be gathered from the context. Omnia praesumuntur rite et solemniter esse acta All acts are presumed to have been done rightly and regularly. Qui facit per alium facit per se He who acts through another is deemed to act in person, i.e., a principal is liable for the acts of his agent. Qui prior est tempore potior est jure He who is first in time has the strongest claim in law. Res inter alios acta alteri nocere non debet A transaction between others does not prejudice one who was not a party to it. Rex non potest peccare The King can do no wrong. Sic utere tuo ut alienum non laedas So use your property as not to injure your neighbour's. Verba chartarum fortius accipiuntur contra proferentem The words of deeds are to be interpreted most strongly against him who uses them. Volenti non fit injuria That to which a man consents cannot be considered an injury.