Legal Maxims Part B

Legal Maxims Part B

Benedicta est expositio quando res redimitur a destructione

Blessed is the exposition when anything is saved from destruction. It is a laudable interpretation which gives effect to the instrument, and does not allow its purpose to be frustrated.

Beneficium

A privilege, benefit, or right.

Beneficium invito non datur

A benefit cannot be conferred upon a person not willing to accept it.

Benignae faciendx sunt interpretationes chartarum, ut res magis valet quam pereat

Liberal interpretations are to be made of deeds, so that the purpose may rather stand than fall; and every grant is to be taken most strongly against the grantor. A construction which reduces the statute to a futility has to be avoided. A statute or any enacting provision therein must be so construed as to make it effective and operative on the principle expressed in maxim ut res magis valet quam pereat i.e. a liberal construction should be put upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties.

Benignior sententia in verbis generalibus seu dubiis est preferenda

The more favorable construction is to be placed on general or doubtful words.

Benignius leges interpretandae sunt quo voluntas earum conservatur

Laws are to be more liberally interpreted in order that their intent may be preserved.

Benignor sentetia in verbis generalibus seu dubiis est proeferenda

The most favourable construction is to be placed on general or doubtful expression.

Bis dat qui cito dat

He gives (pays) twice who pays promptly.

Bona /Bono

Good.

Bona fides exigit ut quod convenit fiat

Good faith demands that what is agreed upon shall be done.

Bona fides non patitur ut bis idem exigatur

Good faith does not allow us to demand twice the payment of the same thing.

Bona fides non patitur, ut bis idem exigatur

Natural equity or good faith do no allow us to demand twice the payment of the same thing.

Bona gestura

Good behaviour.

Bona vacantia

Goods without an owner

Bonae fidie possessor in id tentum quod ad se pervenerit tenetur

A possessor in good faith is liable only for that which he himself has obtained.

Boni judicis est ampliare jurisdictionem

A better Judge will if necessary, extend the limits of his jurisdiction. It is a part of the duty of a good Judge to enlarge, ie, use liberally his remedial jurisdiction or authority.

Boni judicis est ampliare jurisdictionem

It is the part of a good judge to enlarge his jurisdiction; that, his remedial authority.

Boni judicis est causas litium derimere

It is the duty of a good judge to remove the cause of litigation.

Boni judicis est causas litium dirimere

It is the duty of a good Judge to remove the causes of litigation.

Boni judicis est judicium sine dilatione mandare executioni

It is the duty of a good judge to cause execution to issue on a judgment without delay.

Boni judicis est lites dirimere, ne lis ex lite oritur, et interest reipublicw ut sint fines litium

It is the duty of a good judge to put an end to litigation, that suit may not grow out of suit; & it concerns the welfare of the State that an end be put to litigation.

Boni judicis lites dirimere est

It is the duty of a good judge to prevent litigation.

Bonitas tota wstimabitur cum pars evincitur

The value of the whole may be estimated when a part is proved.

Bonum defendentis ex integr caus, malum ex quolibet defectu

 The good of a defendant arises from a perfect case, his harm from some defect.

Bonum defendentis ex integra causa; malum ex quolibet defectu

 The success of a Defendant depends on a perfect case; his loss arises from some defect.

Bonum necessarium extra terminos necessitatis non est bonum

 A good thing required by necessity is not good beyond the limits of such necessity.

Bonum necessarium extra terminos necessitatis non est bonum

Necessary good is not good beyond the bounds of necessity.

Bonum vacans

Property without an owner of any sort.

Bonus judex secundum quum et bonum judicat, et xquitatem stricto juri pnefert

A good judge decides according to justice and right and prefers equity to strict law.

Breve judiciale non cadit pro defectu formae

A judicial writing does not fail through defect of form.

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