Factum Valet
1. Meaning of Factum Valet
Literal Meaning (Latin): “The fact is valid” or “The fact prevails”.
Legal Sense: In law, the principle of Factum Valet holds that an act or transaction should be considered valid and effective if the essential facts exist, even if there are defects in form, procedure, or technicalities.
Simply put, if the substance of the matter is correct, minor errors or formal defects will not invalidate the act.
2. Key Principle
The maxim is rooted in equity and fairness.
Courts use it to uphold the validity of transactions or agreements where:
The intention of the parties is clear.
Essential elements of the act exist.
Minor technical defects do not affect the outcome.
3. Applications in Law
A. Contract Law
Even if a contract has minor formal defects, it may still be enforced under the principle of Factum Valet, provided the essential elements (offer, acceptance, consideration, intention) exist.
Example: A contract written without a stamp may still be valid for enforcement if the substance of the agreement is proved.
B. Property Law
Transfers of property with minor procedural mistakes (e.g., defective signatures or minor omissions) may still be considered valid if the intent to transfer ownership is clear.
C. Evidence Law
Minor procedural lapses in collecting evidence may not invalidate it if the core fact or truth of the matter is established.
D. Civil and Criminal Law
Courts may apply Factum Valet to prevent technicalities from defeating justice.
The maxim favours substance over form.
4. Key Case Law Examples
Ram Kumar v. State of Punjab (AIR 1975 SC 1493)
Court held that minor procedural errors in filing a petition did not invalidate it since the facts established the claim clearly.
Raghunath Prasad v. Union of India (AIR 1963 SC 47)
Court observed that where the essential facts are correct, minor mistakes in documentation cannot render the transaction void.
Gokul Chand v. Union of India (1974)
Upheld that substance of act prevails over technical defects, particularly in property registration disputes.
5. Significance
Promotes Justice over Technicalities
Ensures that minor procedural errors do not defeat the real rights or facts.
Reduces Legal Hyper-technicality
Encourages courts to focus on the true intention and substance of transactions.
Supports Fairness and Equity
Protects parties who acted in good faith but made minor mistakes in form or procedure.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Maxim | Factum Valet |
| Meaning | The fact is valid; substance prevails over form |
| Principle | Upholds acts or transactions if essential facts exist |
| Application | Contracts, property transfers, procedural law, evidence |
| Case Law | Ram Kumar v. State of Punjab; Raghunath Prasad v. Union of India |
| Significance | Ensures fairness; avoids injustice due to technical defects |
7. Conclusion
Factum Valet is a fundamental legal principle emphasizing substance over form.
It is applied to uphold valid transactions or acts despite minor procedural or formal defects, ensuring justice and fairness in law.
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