Legal Maxim

Home » Cadit Quaestio

Legal Maxim

Cadit Quaestio

Literal Meaning

Question falls/ argument collapses




The above maxim is derived from two Latin words “cadit” means to fall and “quaestio” means question. It means that there is no further argument or discussion which is used to refer to a situation where a legal dispute has been settled. In general, cadit quaestio is used to indicate that a dispute or an issue is no longer in question.

Case Laws

In Foss vs. Harbottle, the court observed that the proper plaintiff in an action in respect of a wrong alleged to be done to a company or association of persons is prima facie the company or the association of persons itself. Secondly, where the alleged wrong is a transaction which might be made binding on the company or association and on all its members by a simple majority of the members, no individual member of the company is allowed to maintain an action in respect of that matter for the simple reason that, if a mere majority of the members of the company or association is in favor of what has been done, then cadit quaestio. No wrong had been done to the company or association and there is nothing in respect of which anyone can sue. If, on the other hand, a simple majority of members of the company or the association is against what has been done, then there is no valid reason why the company or association itself should not sue. In my judgment, it is implicit in the rule that the matter relied on as constituting the cause of action should be a cause of action properly belonging to the general body of corporators or members of the company or association as opposed to a cause of action which some individual member can assert in his own right.”

error: Content is protected !!