The origin of this Latin phrase can be traced back to Roman law. It signifies that individuals have the right to protect themselves if assisting another person would jeopardize their own safety. This phrase is employed to establish the conditions under which a defendant can claim self-defence.
Si parcere ei sine suo periculo non potest is a Latin phrase utilised in Roman law to indicate that if an individual is unable to spare another person without endangering themselves, they have the right to defend themselves. For instance, if someone is being attacked and cannot escape without risking harm to themselves, they are permitted to use force in self-defence. This concept, known as si parcere ei sine suo periculo non potest, is crucial in determining whether a defendant can claim self-defence. It establishes that if someone is in danger and cannot avoid it without putting themselves at risk, they are justified in using force to protect themselves. This principle remains relevant in modern law when assessing whether an individual acted in self-defence.
“Si Parcere Ei Sine Suo Periculo Non Potest” is a Latin phrase that translates to “If he cannot spare himself without danger.” It is often used in legal contexts to refer to situations where a person cannot avoid personal risk or harm.
In legal cases, “Si Parcere Ei Sine Suo Periculo Non Potest” can be relevant when determining the level of responsibility or duty of care a person has towards others. It signifies that if a person cannot avoid personal risk or harm, they may not be expected to spare others from such risks.
Yes, “Si Parcere Ei Sine Suo Periculo Non Potest” can be used as a defence in certain legal cases. If a person can prove that they were unable to spare themselves from danger or harm, it may mitigate their liability or responsibility for any resulting harm to others.
There have been cases where the concept of “Si Parcere Ei Sine Suo Periculo Non Potest” has been considered in legal proceedings. However, the application and acceptance of this defence may vary depending on the jurisdiction and specific circumstances of the case.
Yes, “Si Parcere Ei Sine Suo Periculo Non Potest” can potentially be used as a defence in criminal cases. If a person can demonstrate that they were unable to spare themselves from danger or harm, it may impact their culpability or intent in committing a crime.
Yes, “Si Parcere Ei Sine Suo Periculo Non Potest” can be relevant in civil lawsuits. It can be used to argue that a defendant should not be held liable for damages if they were unable to avoid personal risk or harm.
Yes, “Si Parcere Ei Sine Suo Periculo Non Potest” can be invoked in personal injury cases. It can be used to argue that the defendant should not be held responsible for the plaintiff’s injuries if they were unable to spare themselves from danger or harm.
The impact of “Si Parcere Ei Sine Suo Periculo Non Potest” on a legal case will depend on various factors, including the jurisdiction, the specific circumstances of the case, and the strength of the evidence presented. It may potentially reduce the liability or responsibility of a defendant or impact the damages awarded to a plaintiff.
Yes, there are limitations to using “Si Parcere Ei Sine Suo Periculo Non Potest” as a defence. It may not be applicable in all situations, and its acceptance as a defence will depend on the specific laws and legal principles of the jurisdiction where the case is being heard.
While “Si Parcere Ei Sine Suo Periculo Non Potest” is primarily associated with personal injury and negligence cases, it may have limited applicability in contractual disputes. If a party can demonstrate that they were unable to spare themselves from danger or harm, it may impact their performance or obligations under the contract. However, the specific terms of the contract and applicable contract law will ultimately determine the outcome.
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: 17th April 2024.
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