Latin Phrases

Question 1

De Jure

Answer 1

Director formally appointed

Question 2

De Facto

Answer 2

Acts as director but not formally appointed

Question 3

Inter alia

Answer 3

Among other things

Question 4

Intra vires

Answer 4

A delegate of Parliament must act within the powers of Parliament

Question 5

Ultra vires

Answer 5

When they act outside, legislation may be invalid in court

Question 6

Stare decises

Answer 6

Relates to judicial precedent - means to stand by decisions

Question 7

Ratio decidendi

Answer 7

Part of the judges decision to be binding on future cases

Question 8

Obiter dicter

Answer 8

Words said by the way, persuasive but not binding to future cases

Question 9

Per incuriam

Answer 9

J P not followed if a decision was made not taking into account a key point of law

Question 10

Pacta illicita

Answer 10

Contract prohibited by law

Question 11

Delectus personae

Answer 11

Personal element to a contract

Question 12

Contra proferentem

Answer 12

Standard form contract, terms not negotiated, ambiguity interpreted against the party who drafted it

Question 13

Ejusdem generis

Answer 13

Applied to ambiguous contracts – Powell v Kempton Park Racecourse 1899

Question 14

Lien

Answer 14

A party not in breach of contract, retaining/refusing to deliver other parties goods in possession

Question 15

Quantum meruit basis

Answer 15

Where no express employment agreement, agent owed customary rate – based on what his effort merits

Question 16

Prima Facie

Answer 16

At first sight e.g. if a person receives shares of profits, this is prima facie evidence he is a partner.

Question 17

Res ispa loquitur

Answer 17

Facts speak for themselves e.g. when negligence can be the only reason, defendant must prove innocence

Question 18

Novus actus interveniens

Answer 18

Courts will only attribute liability when the chain of events is unbroken e.g. no intervening act

Question 19

Volenti non fit injuria

Answer 19

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

Question 20

De minimus

Answer 20

E.g. subject to a minimum value

Question 21

Pari passu

Answer 21

Lenders should rank equally

Question 22

Jus quaesitum

Answer 22

Third-party rights