Tag: Legal Maxims

Author : Tanvi Gupta Actor incumbit onus probandi is a Latin term meaning “burden of proof lies on the plaintiff”. This maxim states that onus to proof the claims made is on the plaintiff. He has to substantiate the claims and give proper evidence. For example, in case of any injury caused by the defendant, plaintiff

Author : Tanvi Gupta Actio personalis moritur cum persona has originated from Latin word meaning “a personal right of action dies with person”. This maxim was recognized in the year 1496 in a case where women found guilty of defamation died before paying compensation to tortfeasor.  

Author : Tanvi Gupta Actio non datur non damnificato is a Latin word meaning “an action is not given to the one who is not injured”. This term is used where damage is essential to cause of action example in torts. It was discussed in Smith vs. Scott[1] where the question before court was liability