Where a case comes before a court of law, in which it has hitherto been the practice to refuse relief to the plaintiff or defendant, as the case may be, and consequently to drive such party to seek redress in the Court of Chancery, it is expedient for all parties and the public at large, that such court of law, and its judge, should act in a liberal and uncramped manner, and if possible apply the necessary remedy. (See Collins v. Blantern, 1 Smith, L. C. 11th ed. p. 369.) By the Judicature Acts, “law” and “equity” are to be concurrently administered in all Courts, but the true spirit of this maxim must ever stand good.
* 78. Ex antecedentibus et consequentibus fit optima interpretatio. From what goes before and what follows, the best interpretation is arrived at.
The context must be most thoroughly looked into before a correct interpretation can be obtained. This maxim is one of the most important rules for the construction of contracts, which in all cases are to be favourably construed according to their object, and the whole of their terms. (See Chitty on Contracts, 16th ed. p. 100, and Maxs. Nos. 26, 177, 214 and 272.)
79. Ex diuturnitate temporis omnia praesumuntur rite esse acta. After a length of time all things are presumed to have been properly done.
The Prescription Act, 2 & 3 Will. IV. c. 71, is in point upon this maxim.
* 80. Ex dolo malo non oritur actio. An action does not arise from a fraud.
(See Maxs. Nos. 82, 182 and 234.)
* 81. Ex nudo pacto non oritur actio. An action does not arise from a nude contract.
Every simple contract must be supported by a valuable consideration, as money, marriage, or the like. A good consideration (i.e., relationship, or natural love and affection) will not support an assumpsit. Chitty lays down the rule “that a sufficient consideration or recompense for making, or motive or inducement to make, the promise upon which a party is charged, is of the very essence of a contract not under seal, both at law and in equity; and that such consideration must exist, or the promise will be void and no action be maintainable thereon.” Such consideration may be either executed, executory, concurrent or continuing.
* 82. Ex turpi causâ non oritur actio. No action arises from an immoral cause (or base consideration).