Site icon The Law Dictionary

QUOD EI DEFORCEAT

In English law. The name of a writ given by St Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee-tail, who were barred of the right of possession by a recovery had against them through their default or nonappearance in a possessory action, by which the right was restored to him who had been thus unwarily deforced by his own default 3 BL Comm. 193. Quod est en necessitate nnnquam introducitur, nisi quando nooossarium. 2 Rolle, 502. That which is of necessity ia never introduced, unless when necessary. Quod est inoonveniens aut contra rationem non permissum est in logo. Co. Litt 178a. That which is Inconvenient or against reason is not permissible in law. Quod est neeessarium est licitum. What is necessary is lawful Jenk. Cent p. 76, case 45. Quod factum est, cum in obscuro sit, en affectione cujusque capit interpreta-tionem. When there is doubt about an act, it receives interpretation from the (known) feelings of the actor. Dig. 50, 17, 68, L Quod neri debet facile prasumltur. Halk. 153. That which ought to be done is easily presumed. Quod neri non debet, factum valet. That which ought not to be done, when done, is valid. Broom, Max. 182.

Exit mobile version