Res inter alios acta refers to the principle that events occurring between two individuals cannot be utilised as evidence in a legal proceeding involving a third party. To illustrate, if two acquaintances engage in a discussion regarding a criminal act, that conversation cannot be admitted as evidence in court to incriminate a third individual who was not present during the conversation. This principle essentially asserts that actions and interactions between two individuals are private matters and should not be employed to pass judgement on someone else.
Res inter alios acta, a Latin term meaning “a thing done between others,” refers to a scenario where an individual is not involved in a specific event or transaction and therefore cannot be held accountable for it. In the case of two individuals signing a contract, a third party who was not part of the agreement cannot be held responsible for any of its terms or conditions. Similarly, if two friends engage in a fight, a third person who was not present during the altercation cannot be held liable for any resulting injuries or damages. These examples exemplify the concept of res inter alios acta, as they demonstrate that a third party who was not involved in the event cannot be held responsible for any consequences that may arise from it due to their absence or lack of participation.
“Res inter alios acta” is a Latin term that translates to “a thing done between others.” It refers to a legal principle that states that one person cannot be held legally responsible for the actions or obligations of another person, unless they have a legal relationship or connection.
In contract law, the principle of res inter alios acta means that a person cannot be bound by a contract they did not enter into or have any involvement in. Each party to a contract is only responsible for their own obligations and cannot be held liable for the actions or obligations of others.
Yes, res inter alios acta can be used as a defence in a lawsuit. If a person is being sued for the actions or obligations of another person, they can argue that they should not be held responsible under the principle of res inter alios acta.
Yes, there are exceptions to the principle of res inter alios acta. For example, if a person has assumed the obligations of another person through a legal relationship or agreement, they can be held responsible for the actions or obligations of that person.
No, res inter alios acta does not generally apply in criminal law. Criminal liability is based on individual actions and intent, rather than the actions or obligations of others.
No, res inter alios acta cannot be used to avoid liability in a negligence claim. In negligence cases, liability is determined based on the duty of care owed by the defendant and whether they breached that duty, causing harm to the plaintiff.
Res inter alios acta may have limited application in family law cases. While it generally does not apply to matters such as child custody or spousal support, it may be relevant in certain situations where one party is seeking to hold another party responsible for the actions or obligations of a third party.
No, res inter alios acta cannot be used to avoid liability in a business partnership. In a partnership, each partner is jointly and severally liable for the actions and obligations of the partnership, regardless of whether they personally engaged in those actions.
No, res inter alios acta does not apply in cases of vicarious liability. Vicarious liability holds one person responsible for the actions or omissions of another person, typically in an employer-employee relationship or a principal-agent relationship.
Res inter alios acta may be used as a defence in a tort claim, depending on the specific circumstances. If a person is being sued for the tortious actions of another person, they can argue that they should not be held responsible under the principle of res inter alios acta. However, the applicability of this defence will depend on the facts and legal principles involved in the particular case.
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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