Private II latin maxims

Question 1

Culpa

Answer 1

fault or blame, required unless strict liability applies

Question 2

Damnum injury datum

Answer 2

loss caused by a legal wrong.

damnum - loss
injuria - wrongful act
datum - casual link between 1&2

Question 3

damnum absque injuria

Answer 3

loss without wrong
Harm caused without breach of legal duty

Question 4

Causa sine qua non

Answer 4

‘but for’ … the breach…

Question 5

Causa causans

Answer 5

Immediate, dominant or effective cause

Question 6

Novus actus interveniens

Answer 6

new intervening act

Question 7

Res Ipsa Loquitor

Answer 7

The facts speak for themselves

Question 8

Volenti non fit injuria

Answer 8

Voluntary assumption of risk

Question 9

Ex turpi causa non oritur actio

Answer 9

No action can arise from an illegal act

Question 10

Damnum fatale

Answer 10

Act of god

Question 11

Res judicata

Answer 11

The issue has already been litigated between the same parties and has been determined by a competent court

Question 12

media concludendi

Answer 12

Means of concluding

Question 13

Solatium

Answer 13

solace for loss

Damages that may be awarded for pain and suffering related to a delict.

Question 14

injuria/iniuria

Answer 14

insult