Sine qua non is Latin that can be translated literally into English, since „sine“ is „without“, „qua“ is „welches“ and „no“ is „not“. (See-nay kwah nahn) Preparation. Latin for „without which it could not be“, an indispensable action or condition. Example: If Charlie Careless hadn`t left the keys in the ignition, his 10-year-old son wouldn`t have been able to start the car and secure it with Polly Playmate. Charlie`s act was therefore the sine qua non of Playmate`s injury. For example, the conclusion of a contract is a sine qua non of offer and acceptance. Sine qua non is a Latin expression meaning „without them“. It is a state without which something cannot function. Thus, management approval is a sine qua non of all employment contracts. Sine qua non (/ˌsaɪni kweɪ ˈnɒn, ˌsɪni kwɑː ˈnoʊn/,[1] Latin: [ˈsɪnɛ kwaː ˈnoːn]) or condicio sine qua non (plural: condiciones sine quibus non) is an indispensable and essential action, condition or ingredient. It was originally a Latin legal term for „[a condition] without which it could not be“ or „without … “ or „without which there is nothing“. „Sine qua non causality“ is the formal terminology for „but-for-causality“. It is contained in the 1958 commentary to article 59 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War.

In this case, the sine qua non condition refers to the assurance that emergency assistance will go to the civilian population and will not be diverted „to the occupying Power“. [5] In tort law, there is a causal link between a particular act and a breach if the harm would not have occurred without the act. This is called the rule or condition sine qua non. For example, you must have sine qua non funds for the purchase of a property. When the non-payment test is used in legal proceedings, the court generally considers whether the harm suffered by the plaintiff was a condition sine qua non as a result of the defendant`s negligence. In 1938, Jomo Kenyatta, then general secretary of the Kikuyu Central Association and later Kenya`s first prime minister, wrote that the institution of female genital mutilation was the „sine qua non of the entire doctrine of tribal law, religion and morality.“ He wrote about the missionaries` campaign against FGM and stressed the importance of the rite of passage as an ethnic mark for the Kikuyu, the country`s main ethnic group. [3] From a legal point of view, the term condition sine qua non is used in cases where reference is made to the consequences of an action or a cause-and-effect scenario. An example of the unused sine qua expression in English is: You can think of the sine qua non condition as „without something else cannot be possible“. In medicine, the term sine qua non (as opposed to pathognomonic) is often used to refer to any sign, symptom or discovery whose absence would most likely mean the absence of the target disease or condition.

The test for such a sign, symptom or result would have a very high sensitivity and therefore rarely miss the condition, so a negative result should be reassuring (that is, the tested disease is missing). Here are a few examples: In legal matters, causation or condicio sine qua non, causality or condicio sine qua non is a circumstance in which a particular action is a substantial cause of a particular injury or misconduct, without which the violation would not have occurred. It is determined by the „without“ test: but if the act had taken place, the harm would not have occurred. Duhaime`s dictionary of law gives us a good example of a sine qua non in law. You can define the sine qua non in the law as a necessary condition for something. „The criterion used to determine the actual cause of causation is known as sine qua non; Without the conduct of the accused, the damage would not have occurred. Sine qua non can literally be translated as „Without some, not.“ While this may sound like gibberish, it more or less means „Without (something) (something else) will not be possible.“ Sine qua non sounds slightly literary and should not be used anywhere. But this manifests itself in many contexts, including economics („A strong customer base is the sine qua non for success“), show business („A good agent is a sine qua non for an actor`s career“) and politics („His support was really the sine qua non condition of their candidacy“). The term sine qua non dates back to the works of Boethius, a Roman senator of the early 6th century. Have you seen the term condition sine qua non used in any other way in law? We will understand its meaning, examine its legal definition, review its origins, see how it is pronounced, how it is used in law, and much more. For example, a work visa is a sine qua non for a job offer.

In law, we often see the term sine qua non used to designate an essential element or condition. „Sine qua non can literally be translated as `Without some, not`. While this may sound like gibberish, it more or less means „Without (something) (something else) will not be possible.“ [Latin, not without it.] Description of an essential requirement or condition. Latin – not without it. An absolutely indispensable or essential thing. If you have any examples to share, we`d love to hear from you! Sine qua non refers to an essential condition or something that is absolutely necessary for something else to happen or happen. In other words, you must have sufficient capital as an essential condition to be able to acquire this property. The „without“ test is used to determine that, but for the misconduct, the harm would not have been caused. In other words, you have to arrive before anything else can happen. This type of causality is often opposed to causality with one essential factor. The essential factor test is applied when there are several negligent injured parties who either (1) all caused the damage, in which case all are 100% jointly and severally liable (treated as a group but sued the money) and the accused defendant should sue or sue the others to compensate for the damage, or (2) only one could have actually caused the harm, But they have all been negligent in the same way and this cannot be determined, in which case the burden shifts and each of them who cannot prove that his negligence was not the cause is 100% jointly and severally liable.

The aim is to enable the injured party to receive its damage and to bring negligent injured parties under its orders. See, for example, Hill v. Edmonds (N.Y., 1966); Anderson v. Minneapolis, St. P. & S. St. M. Ry. Co., (Minnesota, 1920) „Sine qua non“ is a Latin phrase that you can literally translate into English to mean „without them.“ Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. For example, if a person has committed misconduct that results in harm, there is a „real cause“ where the misconduct resulted in the harm.

The phrase appears in Melville J. Herskovits` 1967 book on Dahomey culture. When he writes about the need to learn the mother tongue, he says: „This does not mean that knowledge of a mother tongue is an indispensable condition for the study of all the problems that affect primitive cultures. Through the use of recognized and proven interpreters and techniques, it is possible to obtain the information necessary to discover, describe and understand the institutions of a people, and it is this technique that has been used in this study. [4] This is another example of how the term is used in tort cases where the defendant`s conduct has caused harm to the plaintiff. Sine qua non is used in the English language in various ways. „Sin qua non“ you should write this Latin sentence. In other words, the defendant`s negligent act or omission caused injury to the plaintiff. As a Latin term, it appears in the work of Boethius and comes from Aristotelian expressions. [1] In classical Latin, the form uses the word condicio (from the verb condico, condicere, to accept), but in later Latin the term is also used with conditio, a translation error, since conditio means construction and not condition. In Rogers v.

Bromac, the title is valid. LLC, the 5th Circuit of the United States has interpreted the wording of the Jury System Improvement Act, which prohibits employers from firing employees „for“ jury service, as meaning „without it“ causation: the employee must prove that the termination of employment would not have occurred „without“ this jury service. This is a greater burden on the applicant employee than simply proving that jury service was a motivating factor in the termination. [10] The defendant`s negligent conduct is the actual cause of the plaintiff`s injury if the plaintiff would not have suffered the harm „without“ the defendant`s negligent conduct. (Perkins) Andrew Jackson, former US president, toasted on the occasion of the presentation of an honorary doctorate from Harvard University. The President replied to his audience: „E pluribus unum, my friends.