What is the meaning and legal significance of the principle "generalia specialibus non derogant"? Explain with an example.
CA Intermediate · Corporate and Other Laws · RTP · May 2025
What is the meaning and legal significance of the principle "generalia specialibus non derogant"? Explain with an example.
Suggested Answer and Working Notes:
The principle "generalia specialibus non derogant" means that when a general law and a specific law address the same subject matter, the specific law prevails. This ensures that specialized laws designed for particular situations are not overridden by broader, more general provisions. Example: General Law: "All contracts must be in writing to be legally enforceable."Specific Law: "An oral contract for the sale of goods under 5000is legally valid." Here, the general rule states that all contracts must be in writing. However, the specific rule creates an exception for oral contracts involving goods under - 5000. According to the principle of "generalia specialibus non derogant", the specific rule will revail in cases involving small-value goods, making oral agreements enforceable despite the broader general rule. This principle helps maintain legal clarity by ensuring that specialized provisions are applied without being overridden by more general laws.
Topics: Interpretation of Statutes
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