174. Non est regula quin fallat. There is no rule but it may fail; exception proves the rule.
(See Max. No. 83)
175. Non quod dictum est, sed quod factum est, inspicitur. Regard is to be had, not to what is said, but to what is done.
Where a lessor gives a receipt for money tendered to him as rent, this is in point of law a receipt for rent, and a waiver of any forfeiture which may have been previously incurred; although the lessor, before the tender, and on taking the rent, expressed his intention to accept the money only as compensation for the use of the land. (Croft v. Lumley, 5 E. & B. 648.)
176. Non videntur qui errant consentire. Those who make a mistake are not considered to consent.
Mistake is of two kinds, either of fact or of law, the former, as a rule, will be relieved against “Ignorantia facti excusat,” provided there had been no acquiescence; but with regard to the latter the Court will only grant relief in exceptional cases, “Ignorantia legis neminem excusat.” (See Lansdowne v. Lansdowne, 2 Jacob & Walker, 205.) Ignorance of foreign law is deemed ignorance of fact. (See generally hereon Snell’s Eq. 16th ed. p. 396, and Max. No. 110.)
177. Noscitur a sociis. It may be known or explained from its associates; i.e., the meaning may often be gathered from the context (“si non cognoscitur ex se”).
This refers to the construction of words and clauses in contracts and written instructions. (See Chitty on Contracts, 16th ed. p. 102, and Max. No. 78.)
178. Nudum pactum. A naked agreement; i.e., a bare promise; a contract not supported by necessary consideration.
179. Nullum scutaglum ponatur in regno nostro, nisi per communes consilium regni nostris. No scutage can be imposed in our realm, save by the common council of the kingdom.