Legal Definitions - brocard

A brocard is a fundamental legal principle or maxim, often expressed as a short, concise statement. These principles serve as foundational truths or rules within the legal system, guiding legal reasoning and decisions. They are essentially legal proverbs that encapsulate a basic concept of law.

• Example 1: "Ignorance of the law is no excuse."

  Imagine someone is caught driving significantly over the speed limit in a town they've never visited before. They argue to the police officer that they didn't see any speed limit signs and therefore didn't know the limit was lower than on the highway they just exited.

  This situation illustrates the brocard "Ignorance of the law is no excuse." The principle means that not knowing a law exists does not absolve a person of responsibility for breaking it. Individuals are expected to understand and abide by the laws of the land, regardless of their personal awareness or lack of specific signage in every instance.

• Example 2: "Let the buyer beware."

  Consider a person purchasing an antique vase at an estate sale. They admire its beauty but do not thoroughly inspect it for cracks or repairs. After taking it home, they discover a hairline fracture that significantly reduces its value.

  This scenario demonstrates the brocard "Let the buyer beware," often expressed in Latin as Caveat emptor. This principle places the responsibility on the buyer to exercise due diligence and inspect goods or property before purchase. It implies that buyers cannot later claim defects that a reasonable inspection would have revealed, especially in "as-is" sales.

• Example 3: "No one can give what they do not have."

  Suppose a person finds a lost wallet containing cash and identification. Instead of attempting to return it, they decide to spend the cash. Later, they try to sell the wallet itself to a friend, claiming it's theirs.

  This situation exemplifies the brocard "No one can give what they do not have," known in Latin as Nemo dat quod non habet. This fundamental principle in property law means that a person cannot transfer ownership of something they do not legally own themselves. Since the person merely found the wallet and did not own it, they cannot legally transfer ownership of the wallet or its contents to their friend, even if the friend believes they are buying it legitimately.