Legal Maxims and Current Legal Affairs — Practice

Question 1

Principle: No person shall be condemned or penalised without being given a fair opportunity to be heard (audi alteram partem).
Facts: A university expels a student for alleged cheating without asking him for any explanation or giving him any hearing.
Has a principle of natural justice been breached?

Accepted Answer

B

Question 2

Principle: No person may be a judge in his own cause; a decision-maker must be free from bias (nemo judex in causa sua).
Facts: A disciplinary panel is set up to decide a complaint, and the very person who made the complaint sits as one of the members judging it.
Is the principle breached?

Accepted Answer

B

Question 3

Principle: Injuria sine damno — the violation of a legal right is actionable even if no actual loss is suffered.
Facts: A returning officer wrongfully refuses to record V's validly cast vote. The candidate V wished to vote for wins the election anyway.
Can V sue?

Accepted Answer

B

Question 4

Principle: Damnum sine injuria — actual loss without the violation of a legal right is not actionable.
Facts: A well-run new school opens near an existing one and lawfully attracts many of its students, causing the older school a sharp fall in income.
Can the older school sue?

Accepted Answer

B

Question 5

Principle: Volenti non fit injuria — a person who freely consents to a known risk cannot later complain of harm from that risk.
Facts: A spectator buys a ticket and sits in the ordinary stand at a cricket match, aware that balls are sometimes hit into the crowd. A six strikes and injures him.
Can he claim damages?

Accepted Answer

B

Question 6

Principle: Ubi jus ibi remedium — where the law confers a right, it also provides a remedy for its violation.
Facts: P's clear legal right is violated by D. D argues that because no specific statute names a remedy for this exact wrong, P can get nothing.
Is D correct?

Accepted Answer

B

Question 7

Principle: Only the ratio decidendi — the reasoning essential to a decision — binds later courts; obiter dicta, remarks made in passing, are persuasive only.
Facts: Deciding a contract dispute, a judge holds the agreement void for lack of consideration. In passing, she also remarks that 'online contracts ought to require video verification.' A later court must decide whether that remark binds it.
Is the remark binding?

Accepted Answer

B

Question 8

Principle: Qui facit per alium facit per se — he who acts through another acts himself; an employer is liable for a wrong done by an employee in the course of employment.
Facts: A courier company's driver, while delivering parcels on his assigned route, negligently knocks down and injures a pedestrian.
Is the company liable?

Accepted Answer

B

Question 9

Principle: Res ipsa loquitur — where an accident is of a kind that does not ordinarily happen without negligence and the thing was under the defendant's control, negligence is presumed and the defendant must disprove it.
Facts: A sack of flour falls from the upper window of D's warehouse onto a passer-by below. D offers no explanation of how it happened.
What is the position?

Accepted Answer

B

Practice — Legal Maxims and Current Legal Affairs

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