Latin Phrases Flashcards
De Jure
Director formally appointed
De Facto
Acts as director but not formally appointed
Inter alia
Among other things
Intra vires
A delegate of Parliament must act within the powers of Parliament
Ultra vires
When they act outside, legislation may be invalid in court
Stare decises
Relates to judicial precedent - means to stand by decisions
Ratio decidendi
Part of the judges decision to be binding on future cases
Obiter dicter
Words said by the way, persuasive but not binding to future cases
Per incuriam
J P not followed if a decision was made not taking into account a key point of law
Pacta illicita
Contract prohibited by law
Delectus personae
Personal element to a contract
Contra proferentem
Standard form contract, terms not negotiated, ambiguity interpreted against the party who drafted it
Ejusdem generis
Applied to ambiguous contracts – Powell v Kempton Park Racecourse 1899
Lien
A party not in breach of contract, retaining/refusing to deliver other parties goods in possession
Quantum meruit basis
Where no express employment agreement, agent owed customary rate – based on what his effort merits
Prima Facie
At first sight e.g. if a person receives shares of profits, this is prima facie evidence he is a partner.
Res ispa loquitur
Facts speak for themselves e.g. when negligence can be the only reason, defendant must prove innocence
Novus actus interveniens
Courts will only attribute liability when the chain of events is unbroken e.g. no intervening act
Volenti non fit injuria
If it can be proved the claimant consented to risk where the defendants action carried inherent risk – no liability. Claimant must have consented to risk, either expressly (e.g. signed waiver) or where can be implied by actions of claimant
De minimus
E.g. subject to a minimum value
Pari passu
Lenders should rank equally
Jus quaesitum
Third-party rights