For example, the conclusion of a contract is a sine qua non of offer and acceptance. The roots of many legal systems around the world go back to the legal system of ancient Rome. As a result, many terms and concepts used in the law are still referred to by their original Latin names. One of these concepts is “condition sine qua non”. Literal translation is an indispensable or essential ingredient or condition without which something could not have happened or existed. The sine qua non condition is used in the field of law known as tort and is considered the origin of the “but for” rule. The term sine qua non dates back to the works of Boethius, a Roman senator of the early 6th century. Sine qua non is Latin that can be translated literally into English, since “sine” is “without”, “qua” is “welches” and “no” is “not”. Although the expression has found its place in politics, economics and medicine, its origin lies in law. The concept of sine qua non is the basis of the current concept of the “but for” rule in tort law.

Tort law is the area of law that deals with physical and emotional injury. You can consider the sine qua non condition as “without anything else cannot be possible”. The Latin expression refers to an essential condition or qualification; An indispensable thing or an absolute requirement. This is a circumstance in which a particular act is a significant cause of a particular injury or misconduct, without which the violation would not have occurred. In tort law, there is a causal link between a particular act and injury. This is called the sine qua non rule. “The criterion used to determine the actual cause of causation is known as sine qua non; Without the conduct of the accused, the damage would not have occurred. You can define the sine qua non in the law as a necessary condition for something. Duhaime`s dictionary of law gives us a good example of a sine qua non in law. In law, we often see the term sine qua non used to designate an essential element or condition. Have you seen the term condition sine qua non used in any other way in law? In medicine, the term sine qua non (as opposed to pathognomonic) is often used to refer to any sign, symptom or discovery whose absence would most likely mean the absence of the target disease or condition. The test for such a sign, symptom or result would have a very high sensitivity and therefore rarely miss the condition, so a negative result should be reassuring (that is, the tested disease is missing).

Examples: In Yunis @ Kariya v. State of Madhya Pradesh, the Supreme Court ruled: “In this case, the unlawful actions of the defendants resulted in the death of an 18-year-old boy. If the eyewitness evidence is very clear and persuasive and the role of the accused in the crime is clearly defined, the formulation of motive is not a sine qua non of the prosecution`s evidence. (See-nay kwah nahn) Preparation. Latin for “without which it could not be”, an indispensable action or condition. Example: If Charlie Careless hadn`t left the keys in the ignition, his 10-year-old son wouldn`t have been able to start the car and secure it with Polly Playmate. Charlie`s act was therefore the sine qua non of Playmate`s injury. When the non-payment test is used in legal proceedings, the court generally considers whether the harm suffered by the plaintiff was a condition sine qua non as a result of the defendant`s negligence. For example, you must have sine qua non funds for the purchase of a property. An example of the expression sine qua not used in English is: In 1938, Jomo Kenyatta, then Secretary General of the Kikuyu Central Association and later Prime Minister of Kenya, wrote that the institution of female genital mutilation was the “condicio sine qua non of the entire doctrine of tribal law, religion and morality”. He wrote about the missionaries` campaign against FGM and stressed the importance of the rite of passage as an ethnic mark for the Kikuyu, the country`s main ethnic group. [3] In Rogers v.

Bromac Title Servs. LLC, the 5th Circuit of the United States, interpreted the language of the Jury System Improvement Act, which prohibits employers from firing employees “for” jury service, as a causal link “without”: The employee must prove that the termination of employment would not have occurred “without” jury service. This is a greater burden on the applicant employee than simply proving that jury service was a motivating factor in the termination. [10] There are a number of situations in which the term applies. Whenever something did not happen, if something else had not happened first, the preacher event is called a sine qua non. For example, the United States might not have participated in World War II without the bombing of Pearl Harbor. This event was the sine qua non for U.S. participation in the war. In legal matters, causation or condicio sine qua non, causality or condition sine qua non is a circumstance in which a particular action is a substantial cause of a particular harm or misconduct, without which the breach would not have occurred. It is determined by the “without” test: but if the act had taken place, the harm would not have occurred. In Dr.

Rajendra Prasad Agarwal v. Union of India and another, the Allahabad High Court, ruled that “the requirement of the law is that opinion formation, which is a sine qua non condition for the exercise of power, must be demonstrable from disclosure and could be reviewed for objectivity purposes of substantial government documents.” Sine qua non (/ˌsaɪni kweɪ ˈnɒn, ˌsɪni kwɑː ˈnoʊn/,[1] Latin: [ˈsɪnɛ kwaː ˈnoːn]) or condicio sine qua non (plural: condiciones sine quibus non) is an indispensable and essential action, condition or ingredient. It was originally a Latin legal term for “[a condition] without which it could not be” or “without … ” or “without which there is nothing”. “Sine qua non causality” is the formal terminology for “but-for-causality”. In tort law, there is a causal link between a particular act and an infringement if the harm would not have occurred without the act. This is called the rule or condition sine qua non. From a legal point of view, the term condition sine qua non is used in cases where reference is made to the consequences of an action or a cause-and-effect scenario. It is contained in the 1958 commentary to article 59 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. In this case, the sine qua non condition refers to the assurance that emergency assistance will go to the civilian population and will not be diverted “to the occupying Power”. [5] We will understand its meaning, examine its legal definition, review its origins, see how it is pronounced, how it is used in law, and much more. Sine qua non can literally be translated as “Without some, not”.

While this may sound like gibberish, it more or less means “Without (something) (something else) will not be possible.” Sine qua non sounds slightly literary and should not be used anywhere. But this manifests itself in many contexts, including economics (“A strong customer base is the sine qua non for success”), show business (“A good agent is a sine qua non for an actor`s career”) and politics (“His support was really the sine qua non condition of their candidacy”). For example, a work visa is a sine qua non for a job offer. A left his keys in the ignition and went to buy something from a nearby store. Meanwhile, her ten-year-old son, “B,” started the car and passed it, severely damaging C`s bike, which was parked directly behind A`s car. In this case, if A had not left the keys in the ignition, his son would not have been able to start the car and secure it via C`s bike. Thus, A`s act was the sine qua non condition for damage to C`s bicycle. Something absolutely indispensable or essential/condition, without which it could not be. Sine qua non can be used in many disciplines, including law. The term is an Aristotelian term used in classical Latin. In other words, you must have sufficient capital as an essential condition to be able to acquire this property. [Latin, not without it.] Description of an essential requirement or condition.

This is another example of how the term is used in tortious cases where the defendant`s conduct has caused harm to the plaintiff. Sine qua non refers to an essential condition or something that is absolutely necessary for something else to happen or happen. The negligent conduct of the defendant is the actual cause of the plaintiff`s damage if the plaintiff would not have suffered the damage “without” the negligent conduct of the defendant. (Perkins) The “but for” rule is important in cases where liability is complicated, such as where there are several potential defendants or where intervening actions make it difficult to establish liability. In such cases, there may be more than one defendant or more than one act or omission that together caused the plaintiff`s injuries. If so, the court must investigate each prospective defendant and determine whether he or she did or omitted to do anything that caused or contributed to the plaintiff`s injuries. Andrew Jackson, former US president, toasted on the occasion of the presentation of an honorary doctorate from Harvard University. The President replied to his audience: “E pluribus unum, my friends. Sine qua non.” [2] It has moved from purely legal use to more general use in many languages, including English, German, French, Italian and Spanish. Sine qua non is used in the English language in various ways.

“Sin qua non” you should write this Latin sentence.