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QUO EST EADEM Definition & Legal Meaning

Definition & Citations:

Lat. Which is the same. Words used for alleging that the trespass or other fact mentioned in the plea is the same as that laid in the declaration, where, from the circumstances, there is an apparent difference between the two. 1 Chit PI. *5S2. Quae in curia regis acta sunt rite agi praesumuntur. 3 Bulst. 43. Things done in the king’s court are presumed to be rightly done. Quae in partes dividi nequennt solida a singulis praestantur. 6 Coke, 1. Services which are incapable of division are to be performed in whole by each individual. Quae in testamento ita sunt scripta ut intelligi non possint, perinde sunt ac si scripta non essent. Things which are so written in a will that they cannot be understood, are the same as if they had not been written at all. Dig. 50, 17, 73, 3. Qnae incontinent! flnnt inesse viden- tur. Things which are done incontinently [or simultaneously with an act] are supposed to be inherent [in it; to be a constituent part of it} Co. Litt. 2366. Qnae inter alios acta sunt nemini no- cere debent, sedl prodesse possunt. 6 Coke, 1. Transactions between strangers ought to hurt no man, but may benefit Quae legi communi derogant non sunt trabenda in exemplum. Things derogatory to the common law are not to be drawn into precedent Branch, Princ. Quae legi communi derogant stricte in- terpretantnr. Jenk. Cent. 29. Those things which are derogatory to the common law are to be strictly interpreted. Quae mala sunt inchoata in principio vix bono peragnntur exitu. 4 Coke, 2. Things bad in principle at the commencement seldom achieve a good end.


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