Skip to content- Actus Dei nemini facit injuriam. An act of God does wrong to no one. • That is, no one is responsible in damages for inevitable accidents.
- Aequitas nunquam liti ancillatur ubi remedium potest dare. Equity never fosters a quarrel, where she can give a remedy.
- Aequitas vult spoliatos, vel deceptos, vel lapsos ante omnia restitui. Equity wishes the plundered, the deceived, and the ruined, above all, to have restitution.
- A summo remedio ad inferiorem actionem non habetur regressus neque auxilium. From the highest remedy to an inferior action there is no recourse or assistance.
- Damnum absque injuria esse potest. There can be such a thing as damage without injury.
- Damnum pati videtur qui commodum amittit quod consequi poterat. He is considered to suffer damage who has lost any benefit that he might derive. Dig. 43.8.2.11 (regarding loss of access to public resources).
- Damnum sentit dominus. The damage falls on the owner.
- Damnum sine injuria esse potest. There can be damage without any act of injustice.
- In consimili casu consimile debet esse remedium. In a similar case, the remedy should be similar.
- In loco facti imprestabilis subsit damnum et interesse. Damages and interest come in the place of an act that cannot be performed.
- In novo casu, novum remedium apponendum est. In a new case a new remedy must be applied.
- In restitutionem, non in poenam, haeres succedit. The heir succeeds to the restitution, not the penalty.
- In restitutionibus benignissima interpretatio facienda est. The most favorable construction is to be made in restitutions.
- Lex beneficialis rei consimili remedium praestat. A beneficial law affords a remedy in a similar case.
- Lex semper dabit remedium. The law will always give a remedy.
- L’ou le ley done chose, la ceo done remedie a vener a ceo. Where the law gives a right, it gives a remedy to recover.
- Melius est in tempore occurrere quam post causam vulneratum remedium quaerere. It is better to respond in time than to seek a remedy after the case is damaged. • Coke introduces this maxim with the phrase ne per negligentiam damnum incurrat: “lest he incur damage through negligence.” 2 Co. Inst. 299.
- Nemo damnum facit, nisi qui id fecit quod facere jus non habet. No one does damage except the person who did what he has no right to do.
- Nullum damnum sine remedio. There is no loss without a remedy.
- Nullus recedat e curia cancellaria sine remedio. Let no one depart from the court of chancery without a remedy.
- Nul sans damage avera error ou attaint. No one shall have error or attaint unless there has been damage.
- Nunquam crescit ex post facto praeteriti delicti aestimatio. The valuation (or assessment of damage) for a past offense is never increased by what happens subsequently. Dig. 50.17.138.1.
- Omnibus infra regnum orantibus legis remedium patet. The remedy of the law lies open to all within (or subject to) the realm who ask for it.
- Poena vel remedium ex incremento quod prius erat non tollit. Neither punishment nor remedy takes away the preceding increase.
- Quod quis ex culpa sua damnum sentit, non intelligitur damnum sentire. The damage that any person suffers by his own fault he is not considered to suffer as damage. Dig. 50.17.203.
- Quod remedio destituitur ipsa re valet si culpa absit. What is without a remedy is by that very fact valid if there is no fault.
- Reficere est quod corruptum est in pristinum statum restaurare. To repair is to restore what is damaged to its original state. Dig. 43.21.1.6.
- Res inter alios acta aliis non nocet. A thing done between two parties does not damage other parties; a matter transacted between parties (e.g., to a contract) does not prejudice nonparties.
- Restitutio ita facienda est ut unusquisque in integrum ius suum recipiat. Restitution must be made in such a way that each receives undiminished that which was rightfully his. Dig. 4.4.24.4.
- Si assuetis mederi possis, nova non sunt tentanda. If you can be relieved by accustomed remedies, new ones should not be tried.
- Spoliatus debet ante omnia restitui. A party forcibly deprived of possession ought first of all to have restitution.
- Ubi cessat remedium ordinarium, ibi decurritur ad extraordinarium. When a common remedy ceases to be of service, recourse is had to an extraordinary one.
- Ubicunque est injuria, ibi damnum sequitur. Wherever there is a legal wrong, there damage follows.
- Ubi damna dantur victus victori in expensis condemnari debet. Where damages are awarded, the party that did not succeed ought to be adjudged to pay expenses for the party that prevailed.
- Ubi jus, ibi remedium. Where there is a right, there is a remedy.
- Ubi remedium, ibi ius. Where there is a remedy, there is a right.
