Maxims of Jurisprudence

Maxims of Jurisprudence

Part 4 of the California Civil Code

§ 3510

When the reason for a rule ceases, so should the rule itself.

§3511

Where the reason is the same, the rule should be the same.

§3512

One must not change his purpose to the injury of another

§3513

Anyone may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement.

§3514

One must so use his own rights as not to infringe upon the rights of another.

§3515

He who consents to an act is not wronged by it.

§3516

Acquiescence in error takes away the right of objecting.

§3517

No one can take advantage of his own wrong.

§3518

He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.

§3519

He who can and does not forbid that which is done on his behalf, is deemed to have bidden it.

§3520

No one should suffer by the act of another.

§3521

He who takes the benefit must bear the burden.

§3522

One who grants a thing is presumed to grant also whatever is essential to its use.

§3523

For every wrong there is a remedy.

§3524

Between those who are equally in the right, or equally in the wrong, the law does not interpose.

§3525

Between rights otherwise equal, the earliest is preferred.

§3526

No man is responsible for that which no man can control.

§3527

The law helps the vigilant, before those who sleep on their rights.

§3528

The law respects form less than substance.

§3529

That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.

§3530

That which does not appear to exist is to be regarded as if it did not exist.

§3531

The law never requires impossibilities.

§3532

The law neither does nor requires idle acts.

§3533

The law disregards trifles.

§3534

Particular expressions qualify those which are general.

§3535

Contemporaneous exposition is in general the best.

§3536

The greater contains the less.

§3537

Superfluity does not vitiate.

§3538

That is certain which can be made certain.

§3539

Time does not confirm a void act.

§3540

The incident follows the principal, and not the principal the incident.

§3541

An interpretation which gives effect is preferred to one which makes void.

§3542

Interpretation must be reasonable.

§3543

Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.

§3545

Private transactions are fair and regular.

§3546

Things happen according to the ordinary course of nature and the ordinary habits of life.

§3547

A thing continues to exist as long as is usual with things of that nature.

§3548

The law has been obeyed.