Ab Initio: Audi Alteram Partem

Literal Translation

Hear the other side

Definition

The maxim denotes the meaning “hear the other side”, which means no person should be unheard and both parties will be provided the opportunity of being heard. Justice will be given to both parties. Audi alteram partem is derived from the Latin phrase “audiatur et altera pars”. It also denotes the same meaning. The maxim aims to ensure fair play and justice to the person who is affected. The maxim also promotes the concept of “Natural Justice”.

Illustration

A notice was given to “B” by “A”. The notice was unclear and uncertain. So, there was a default in some work. For the pending work, “B” was sued by “A”. The court held that notice should be clear and unambiguous otherwise it will not be considered as notice. The illustration denotes that before any action taken against the party who is affected, a notice must be provided to them in order to present a reason against the proposed action and pursue his application. If any action is taken without notice, it is against the principle of “Natural Justice”. 

Case Law