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sine qua non

Latin · SIN-ay kwah NON · Latin maxims and phrases

Meaning. An essential condition without which something cannot exist or happen.

Literally “without which not”. In law it marks an ingredient that must be present before a legal result follows. Free consent is a sine qua non of a valid contract; mens rea is generally a sine qua non of criminal liability; a valid notice is a sine qua non of certain proceedings.

Do not confuse it with a merely important factor. If the condition is missing, the act, contract or proceeding fails; if it is only relevant, the court weighs it with other facts. In causation, a “but for” cause is sometimes called a causa sine qua non, which is narrower than the legal (proximate) cause.

Example

Consideration is a sine qua non of an enforceable contract, subject to the exceptions in Section 25 of the Contract Act.

See also

consideration · mens rea · causa proxima non remota spectatur

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