* 41. Contractus ex turpi causa, vel contra bonos mores, nullus. A contract arising from a base consideration, or against morality, is void.
A contract made in consideration of past seduction is not binding. (Beaumont v. Reeve, 8 Q. B. 483.) Also a betting or wagering contract.
* 42. Cuicunque aliquid conceditur, conceditur et id sine quo res ipsa esse non potuit. To whomsoever anything is conceded, that also is given, without which the thing itself cannot be.
(See Max. No. 210.)
43. Cuilibet in sua arte perito est credendum. Each one skilled in his own art is to be believed.
Medical men and other skilled witnesses, may give their opinion in evidence, as to the state or condition of a patient or thing at any particular time. Expert evidence is always admissible, but being expensive and not conclusive, is weighed cautiously and little relied upon.
(See Max. No. 226.)
44. Cujus est dare, ejus est disponere. Whose it is to give, his it is to dispose; or, as Broom says, “The bestower of a gift has a right to regulate its disposal.”
This rule is a general one, but considerably curtailed and qualified at the present time, especially so by the Acts which restrict and regulate the tying up of Real Estate, and accumulation of personal property beyond specified periods.
45. Cujus est divisio, alterius est electio. When one divides, the other has the right of first choice.