Nemo Debet Locupletari Ex Aliena Jactura
Nemo Debet Locupletari Ex Aliena Jactura
1. Meaning of the Maxim
Latin phrase meaning:
“No one should be enriched by the loss of another.”
It embodies the principle that one person should not benefit unjustly at the expense of another.
This principle is fundamental to equity and justice and underpins various doctrines in law, such as unjust enrichment, restitution, and compensation.
2. Explanation
The maxim prevents unfair gain or profiting without cause.
It implies that if a person acquires a benefit or enrichment that rightfully belongs to someone else, the law requires return or compensation.
This principle applies in contracts, torts, property law, and restitution.
3. Applications in Law
Unjust Enrichment:
When one party is enriched at the expense of another without legal justification, courts may order restitution.
Restitution:
The party who received the benefit unjustly must restore it or compensate the other.
Tort Law:
If a person wrongfully causes loss to another, they should not be allowed to profit from that wrong.
4. Case Laws Illustrating the Principle
a. Ashby v. White (1703)
Though an old English case, it reflects that wrong done to a person cannot be used for another's gain without remedy.
b. British Westinghouse Electric & Manufacturing Co. Ltd. v. Underground Electric Railways Co. of London Ltd. (1912)
Held that a defendant cannot profit from causing loss to another.
Demonstrates the application of unjust enrichment and that the injured party should be compensated.
c. Union of India v. United Commercial Traders (2000)
The Supreme Court of India observed that no one should be allowed to gain at another’s expense unjustly.
Applied in the context of contracts and unjust enrichment claims.
5. Related Concepts
| Concept | Relation to Maxim |
|---|---|
| Unjust Enrichment | Direct application: no benefit without cause |
| Restitution | Remedy to reverse unjust enrichment |
| Quantum Meruit | Payment for benefit received, aligned with fairness |
| Tort Law | No profit from wrongful act |
6. Summary
| Aspect | Explanation |
|---|---|
| Maxim | Nemo Debet Locupletari Ex Aliena Jactura |
| Meaning | No one should enrich at another’s loss |
| Purpose | Prevent unjust enrichment |
| Application | Contracts, torts, restitution |
| Remedy | Compensation, restitution |
7. In Simple Words
If you gain something unfairly because someone else loses, the law says you must give it back or compensate them. You can’t keep a profit made from another person’s loss without a lawful reason.
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