SYNOPSIS

- Aishani Chakraborty

- 2019118

INTRODUCTION

A legal maxim can be defined as an established set or principle. Many of the legal

maxims developed are in Latin. This is mainly because most of the legal maxims were
developed in the medieval era in European Countries that used Latin as the language
of law and for the courts. In modern times with increase in commercial and technological
advancements, the nature of litigations has changed. But the legal maxims which were
originated in roman age have not lost their significance and we can still find substantial use of
legal maxims in judgements, law reports, articles, law review. Hence it is justified to say that
the fundamentals of law find themselves in legal maxims.

in personam - a lawsuit in which the case is against a specific individual and the judgment
applies to that person and is called an "in personam judgment".

in rem - In rem jurisdiction is a legal term describing the power a court exercises over
property or against a person over whom the court does not have in personam jurisdiction.

damnum absque injuria - damnum absque injuria is a phrase expressing the principle of tort
law in which some person causes damage or loss to another, but does not injure them.

OBJECT OF THE STUDY

 To completely understand the legal maxims in personam, in rem and damnum absque
injuria
 To know the difficulty associated with the concept.
 To explain cases with respect to the applicability of the said maxims.
SCOPE OF THE STUDY

The study is limited to the applicability of the three maxims in a particular case law.

The three maxims are –

 in personam
 in rem
 damnum absque injuria

RESEARCH METHODOLOGY

This study is based on doctrinal mode of research. This research is critical and explanatory.

HYPOTHESIS

In the modern day and age, the use of legal maxims as fundamental rules of law in legal
cases while deciding cases and writing judgements has not lost its value and is still very much
applicable in the court of law today.

RESEARCH QUESTION

Whether legal language and legal maxims have applicability in today’s court of law.

LITERATURE REVIEW

The researcher has taken information from various books, web sources, articles, journals and
case laws.

SIGNIFICANCE OF THE STUDY

The study helps us to know about the concept of the given maxims. It also helps to study
different case laws by which the concept has been evolved. Different types of remedies for
breach of contract can be understood from this study.

ABSTRACT

This project explains the applicability of legal maxims in Indian and foreign cases in the
court of law today. So the researcher will pick three legal maxims and explain them. Then the
researcher will find out three cases where each of the maxims have been used separately. The
three maxims are in personam, in rem, damnum absque injuria.

The first one means a lawsuit in which the case is against a specific individual and the
judgment applies to that person and is called an "in personam judgment". It was used in the
case Gms Marine Company Ltd. Versus Owners & Parties Interested in the Vessel M.V.
Vinashin Sky. The second one is a legal term describing the power a court exercises over
property or against a person over whom the court does not have in personam jurisdiction and
was used in Daljit Singh And Anr. vs Yogeshwar Prasad. The third one is a phrase
expressing the principle of tort law in which some person causes damage or loss to another,
but does not injure them used in Emperor Versus Dinkar Chintaman Patkar. The
circumstances under which all the legal maxims have been used will be analysed. Application
of legal maxims in the judgements is the focal point of this project.