DE IDIOTA INQUIRENDO. ID NON AGEBATUR: This phrase is commonly used in Scots law to indicate that a particular action was not carried out. It pertains to cases where a deceased individual did not intend to diminish the worth of their assets for the advantage of their executor during the valuation process. Consequently, the executor is obligated to pay the actual value of the property.
In Scots law, the term ‘id non agebatur’ refers to a situation where the deceased did not intend to diminish the value of their property for the advantage of their executor. This means that the executor is held accountable for the actual value of the property. For instance, if John inherits a house from his grandfather who did not intend to undervalue it for John’s benefit, John’s executor must ensure that the house is valued accurately and cannot claim a lower value to benefit themselves. This example demonstrates how ‘id non agebatur’ is utilised in Scots law to prevent executors from benefiting from the unintentional actions of the deceased.
“Id Non Agebatur” is a Latin phrase that translates to “It was not done.” It is often used in legal contexts to indicate that a particular action or decision was not taken or executed.
Yes, “Id Non Agebatur” can be used as a defence if it can be proven that the action or decision in question was not taken or executed. However, its applicability may vary depending on the specific circumstances of the case.
While “Id Non Agebatur” is not a widely recognized legal principle in modern legal systems, it may still be used as a defence or argument in certain cases where it is applicable.
In contract law, “Id Non Agebatur” can be invoked to argue that a party did not fulfill their obligations under the contract due to circumstances beyond their control. It can be used as a defence against claims of breach of contract.
Yes, “Id Non Agebatur” can be used in criminal cases to argue that the accused did not commit the alleged crime. It can be used to challenge the prosecution’s evidence or establish an alibi.
Yes, “Id Non Agebatur” can be applicable in civil lawsuits. It can be used to defend against claims of negligence, breach of duty, or any other allegation where the defendant can prove that they did not take the action in question.
Yes, there are limitations to using “Id Non Agebatur” as a defence. It must be supported by evidence and cannot be used as a blanket defence for any situation. The defendant must demonstrate that the action or decision was genuinely not taken or executed.
Yes, “Id Non Agebatur” can be used in administrative law cases to challenge administrative decisions or actions. It can be invoked to argue that the decision or action was not taken or executed, leading to a violation of the individual’s rights.
No, “Id Non Agebatur” is not universally recognized in all legal jurisdictions. Its applicability and acceptance may vary depending on the specific legal system and the interpretation of the courts.
Yes, “Id Non Agebatur” can be used as a defence in tort law cases. It can be invoked to argue that the defendant did not commit the alleged tortious act, thereby negating their liability for any resulting damages.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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