Duhaime's Law Dictionary


Quod Remedio Destituitur Ipsa Re Valet, Si Culpa Absit Definition:

Latin: That which is without a remedy is valid by the thing itself, if there be no fault.

Broom's translation (as well as Ballentine's) of the Latin maxim quod remedio destituitur ipsa re valet, si culpa absit, is:

"That which is without remedy avails of itself, if there be no fault in the party seeking to enforce it."

T. Hughes spoke of it as follows:

"When one has the money of his debtor he may retain it. This is the doctrine of retainer. Quod remedio destituitur ipsa re valet, si culpa absit (what is without a remedy is by that very fact valid if there be no fault)."

REFERENCES:

  • Ballentine, James, Ballentine's Law Dictionary, 3rd Ed. (Rochester: The Lawyers Co-operative Publishing Company, 1969).
  • Broom, Herbert, A Selection of Legal Maxims Classified and Illustrated, 10th Ed., (London: Sweet & Maxwell Limited, 1939), pages 136-138
  • Hughes, T., An Address to the Sangamon Bar Association, May 28, 1912, published at 44 Chicago Legal News 350 (1911-1912). Also Lawyer's Difficulties, at 5 Law. & Banker & Bench & B. Rev. 260 (1912).

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