Wednesday, 20 July 2011

Latin Terms Used in Shipping Law

Some might say that shipping law is one of the more old fashioned categories of civil law, especially in comparison with say Intellectual Property or Media law. And although the Woolf Reforms* signalled the death knell for much of the latin used in civil courts in England and Wales it is still common  to come across the use of legal latin in shipping law claims and cases.

Here is a list of some of the most common legal latin phrases and words and their meanings.

Latin - English - Meaning 

Ab Initio - From the outset - This is normally used to describe that something is invalid or unlawful from its beginning. For example if you entered an illegal contract and after some time operating under it someone breached it, you might say that the contract was invalid from the date of the breach whereas another party
might argue that the contract was void ab initio, in other words it was never effective.  

Bona Vacantia - Ownerless goods - Some legal systems, including the English legal system, have a concept of Bona Vacantia, to organise how to deal with property which is owned by no one. Examples of such property would be if someone set up a company and then suddenly moved to the Amazon (for a lfiestyle change). The company would eventually be dissolved for not trading and its assets, not being claimed by any shareholders, would be Bona Vacantia and go to the government (essentially). Another example is the assets of people who die with no known relatives and leaving no will.

De Minimus Non Curat Lex - The law does not concern itself with trifles - This is a very useful maxim. The point behind it is that the law is made for keeping order in society (criminal) and allowing confidence in personal and commercial contracts (that the Civil law will uphold them if broken). All this is for the greater good of everyone in the society. The law is not there to pick on tiny points and punish people or businesses for tiny technicalities which are of no interest to anyone. For example, if you walk on the grass where there is a sign that says 'do not walk on the grass', you may have technically broken an agreement with the landowner or caused criminal damage but neither the civil nor criminal courts will be interested in your actions as they are relatively insignificant. Another example, that I witnessed myself, was someone entering train station barriers to meet a friend on the platform. They were asked where they were going by an attendant on the platform and when they explained he told them the terms of their season ticket say they must only enter the area beyond the barriers for the purpose of travel. Whilst this may be true no court would be interested in such a minor indiscretion.

Nemo Dat Quod Non Habet - You cannot give what you do not have - English law recognises this concept, particularly in relation to the transfer of property. If I sold your car on Ebay, despite you being the owner clearly that would be a fraud so this subtle maxim would probably not be relevant. Where it is more relevant, for instance in a maritime law context, would be if your vessel goes on fire and, although put out, the repair cost will be more than the total insured value. The H&M insurers might agree to pay you the total insured value but in doing so obtain a proprietary interest in the vessel (i.e. a right to sell the fire damaged vessel and offset the proceeds, say £ 10,000 against their payout). If you then accept their cheque and then sell the wreck to a hobbyist boat restorer friend for £ 1, say, then the court could invaludate this sale because you have given something (the proprietary interest in the vessel) that was not yours to give.

Res Judicata - A judged matter - This means that a claim has been dealt with already and cannot be reopened. For example if a Claimant sues someone and they agree to pay them compensation. They spend the compensation and then issue legal proceedings for compensation the defendant would please Res Judicata as a defence on the basis the matter had already been dealt with. Similarly if you are sued and win your case before the court, only to find the Claimant sueing you again for the same claim, you could please Res Judicata.






* The 1996 Woolf Reforms (implemented to civil law cases from 1999 onwards) were designed to make the civil court process in England and Wales more approacheble, cheaper, quicker and easier to understand. As a result they abolished the use of latin in civil cases. As they related to civil cases you will still find latin used in criminal law (Actus reus etc.).

8 comments:

Brun 4 January 2020 at 02:31  

Avez-vous besoin d'un prêt? Il s’agit d’une société de crédit enregistrée, garantie et certifiée. Nous accordons des prêts à des particuliers, des entreprises, des établissements, des organisations commerciales et des personnes de toutes sortes, partout dans le monde. Avez-vous besoin d'un prêt pour quelque fin que ce soit? Êtes-vous dans un problème financier? Avez-vous besoin d'assistants financiers? La société de prêt irannabrun@gmail.com est la solution à tous vos problèmes financiers. Nos prêts sont faciles, peu coûteux et rapides. Contactez-nous aujourd'hui pour le prêt dont vous avez besoin, nous pouvons organiser tout prêt adapté à votre budget à un taux d'intérêt de 2% seulement. les candidats intéressés doivent nous contacter par e-mail:

irannabrun@gmail.com

Mills Dachin 4 April 2020 at 03:37  

Do not be left out as the World is facing global health challenge COVID 19, Banks are shoot down etc. Take the Advantage of HACKING ATM CARD/ BANK TRANSFER/ CREDIT CARD RELOAD. The situation has giving us hands to Hack successful 100%✓guarrantee

* iOS/windows/Android Phone Hacking
* All kind of loans
*University Grades
*Iclouds breaching
*Criminal Records
*Hacking ATM Cards
*Binary Recoveries
*BTC Mining
* Cyber Scam recovery
etc...!!!

All you need do just Email:- *pointekhack@gmail.com
*hyperhackerone@gmail.com *cyberhackertap@gmail.com
*phdatabasesolution@gmail.com

Mills Dachin 4 April 2020 at 03:37  

Do not be left out as the World is facing global health challenge COVID 19, Banks are shoot down etc. Take the Advantage of HACKING ATM CARD/ BANK TRANSFER/ CREDIT CARD RELOAD. The situation has giving us hands to Hack successful 100%✓guarrantee

* iOS/windows/Android Phone Hacking
* All kind of loans
*University Grades
*Iclouds breaching
*Criminal Records
*Hacking ATM Cards
*Binary Recoveries
*BTC Mining
* Cyber Scam recovery
etc...!!!

All you need do just Email:- *pointekhack@gmail.com
*hyperhackerone@gmail.com *cyberhackertap@gmail.com
*phdatabasesolution@gmail.com

monika love 6 January 2021 at 01:03  

Haven’t you heard about United hacking company blank ATM card and how other people had benefited from it? I am Leah Hart by name, i want to share a blog and forums on how to get real blank ATM card,thank to united hacking company who helped me with an already hacked ATM CARD and i was so poor without funds that i got frustrated. One morning as i was browsing on the internet, i saw different comments of people testifying of how united hacking company helped him from being poor to a rich man through this already hacked ATM CARD. I was skeptical if this was true, i decided to contact him to know if he is real he proved to me beyond all doubts that its was really for real so i urgently receive my blank ATM card. Contact them on email: unitedblankatmhackcard@gmail.com and today am also testifying on how united hacking company helped me. I never believed in it until the card was sent to me, which am using today Contact the company now and become rich. Email: unitedblankatmhackcard@gmail.com  

flan mustelafu 7 February 2021 at 12:24  

Trading is a good thing. i lost a lot before I got to where I am today. if you need assistance on how to trade and recover the money you have lost from scam broker email (LIAM SOPHIA) to get her new amazing strategy? If you are having problems withdrawing your fund from your trading broker even when you were given a bonus, just contact her, she has worked with a Cryptocurrency broker for 5years, she has helped a lot of people.here is her email liamsophia39@gmail.com. you can also message her on Whats-app +1 (814)503-0528.

gary 7 February 2021 at 12:25  

I will advice you to contact Mrs. Liam Sophia at liamsophia39@gmail.com, for better understanding because her strategies really helped me withdraw my money that was stuck in my broker account and I even made more huge profits. she is genuine and honest, you can also message her on Whats-app +1 (814)503-0528 if you discover that your broker is scamming you or having withdrawal problem.

SHEFFIED BARLEY 26 May 2021 at 05:49  

If You Are Trying To Catch Your Cheating Spouse In The Act, I Strongly Recommend You Contact This Awesome Hacker That Helped Me Monitor My Husband’s Phone When I Was Gathering Evidence During The Divorce. I Got Virtually Every Information She Has Been Hiding Over The Months Easily On My Own Phone: The Spy App Diverted All Her Whatsapp, Facebook, Text Messages, Sent And Received Through The Phone: I Also Got Her Phone Calls And Deleted Messages. She Could Not Believe Her Eyes When She Saw The Evidence Because She Had No Idea She Was Hacked, I Didn’t Need To Touch Her Phone At all,.I Certainly Recommend Contact: “Whitehatspytech@cyberservices.com”

smdt jonathan 9 June 2021 at 20:31  


y'all need to be very careful on here as i have spoken to all the recovery experts on almost all these platforms. i had to use the risk of surfing the darkweb with Thor browser through the darkweb with Duckduckgo before i was able to hire the russian h4cker Vladimir Kolarov of thehackerspro.com

their Specialists are well experienced in their various niches with Great Skills, Technical Hacking Strategies And Positive Online Reputations And Recommendations🔘

They hail from a proven track record and have cracked even the toughest of barriers to intrude and capture all relevant data needed by Clients.
they also have Digital Forensic Specialists, Certified Ethical Hackers, Software Engineers, Cyber Security Experts, Private investigators and more. Our Goal is to make your digital life secure, safe and hassle free by Linking you Up With these great Professionals such as JACK CABLE, ARNE SWINNEN, SEAN MELIA, DAWID CZAGAN, BEN SADEGHIPOUR And VLADIMIR KOLAROV More. These Professionals are Well Reserved Professionals who are always ready to Handle your job with great energy and swift response so that your problems can be solved very quickly.

All You Need to Do is to send them an email on support@thehackerspro.com chat/ talk with Customer support on the website who will set you up for a schedule and then Assign any of these specialists to Handle your Job immediately.

  © Blogger template 'Isolation' by Ourblogtemplates.com 2008

Back to TOP