Ignorantia Facti Excusat and Ignorantia Juris Non Excusat
Ignorantia Facti Excusat
(Ignorance of Fact Excuses)
✅ Meaning:
If a person is ignorant of a fact, this ignorance can be a valid excuse or defense in law.
The law excuses a person who commits an act based on a mistake or ignorance of facts.
🔹 Example:
If someone takes another’s property believing honestly and reasonably that it is their own, this ignorance of fact may excuse the act (though not always, depends on context).
✅ In Tort Law:
Mistake of fact may sometimes relieve liability if it negates intention or negligence.
🔹 Summary:
| Principle | Ignorance of Fact can excuse a person if it is honest and reasonable. |
Ignorantia Juris Non Excusat
(Ignorance of Law is No Excuse)
✅ Meaning:
A person cannot escape liability or punishment by claiming they did not know the law.
Everyone is presumed to know the law, and ignorance is no defense.
🔹 Example:
If a person commits an act forbidden by law but claims they didn’t know it was illegal, the court will still hold them responsible.
✅ In Tort and Criminal Law:
This principle ensures laws are applied fairly and consistently.
🔹 Summary:
| Principle | Ignorance of Law is never an excuse to avoid liability. |
Comparison Table:
Aspect | Ignorantia Facti Excusat | Ignorantia Juris Non Excusat |
---|---|---|
Meaning | Ignorance of fact excuses liability | Ignorance of law does not excuse liability |
Application | Mistake about facts can sometimes be a defense | Ignorance of law cannot be a defense |
Example | Taking property thinking it’s yours | Claiming not to know traffic rules |
Legal Policy | To avoid punishing honest mistakes | To maintain legal order and certainty |
Do write to us if you need any further assistance.
0 comments