What is the meaning of sine qua non?
What is the definition of sine qua non?
What are some examples of how it is used in law?
In this article, we will break down the phrase sine qua non so you know all there is to know about it.
We will understand its meaning, look at its legal definition, go over its origins, see how it is pronounced, how it is used in law and more.
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Table of Contents
Sine qua non
What does the phrase sine qua non mean?
Sine qua non is Latin that can be literally translated to English as “sine” is “without”, “qua” is “which” and “non” is “not”.
Without which not.
You can consider sine qua non to mean “without something, something else cannot be possible”.
In other words, you need something to happen before something else can happen.
Sine qua non can be used in many disciplines, including law.
Sine qua non origin
What is the origin of the phrase sine qua non?
The phrase sine qua non has been traced to the works of Boethius, a Roman senator of the early 6th century.
The expression is an Aristotelian one used in classic Latin.
The phrase has been used in law for centuries.
Sine qua non definition
What is the legal definition of sine qua non?
You can define sine qua non in law as a necessary condition for something to happen.
According to Merriam-Webster dictionary, sine qua non is defined as:
“Sine qua non can be translated literally as “Without which, not”. Though this may sound like gibberish, it means more or less “Without (something), (something else) won’t be possible”.”
For example, a work visa is sine qua non to a job offer.
In other words, a work visa is an essential condition for the receipt of a job offer.
Sine qua non variations
We see many variations of the Latin term sine qua non, such as:
- Sin qua non
- Sinequanon
- Sine-qua-non
- Cine qua non
These variations are not correctly written.
“Sin qua non” is how you should write this Latin phrase.
Use in a sentence
How do you use sine qua non in a sentence?
Sine qua non is used in various ways in the English language.
An example of the phrase sine qua non used in English is:
Hard work is sine qua non to success
Another example can be:
A law degree is sine qua non to become a lawyer
Sine qua non pronunciation
What is the sine qua non pronunciation?
You say “see-ne kwa-non”.
Use of sine qua non in law
How is sine qua non used in law?
How do you use the term in a legal context?
Sine qua non is generally used to refer to something that is essential or indispensable.
In legal terms, the phrase sine qua non is used in cases where there is a reference to the consequences of an action or a cause and effect scenario.
For example, if a person committed wrongdoing resulting damages, there is a “cause-in-fact” where the wrongdoing resulted in the damages.
The “but-for” test is used to establish that without the wrongdoing, the damage would not have been caused.
In other words, the defendant’s negligent act or omission has lead to the plaintiff’s injuries.
When the “but-for” test is used in lawsuits, typically the court assesses whether the damages suffered by the plaintiff were a sine qua non consequence of the defendant’s negligent act.
Sine qua non example
What is an example of how sine qua non is used?
Duhaime’s Law Dictionary provides us with a good example of sine qua non in law.
They cite the case Sumpter v. City of Moulton where the judge stated:
“The test to determine the actual cause prong of causation is known as sine qua non; but for the defendant’s conduct, the harm would not have occurred.”
This is another example of how the term is used in tort related cases where the conduct of the defendant resulted in harm to the plaintiff.
Takeaways
“Sine qua non” is a Latin phrase you can literally translate to English to mean “without which not”.
Without something, something else is not possible.
Sine qua non refers to an essential condition or something absolutely necessary for something else to happen or occur.
For example, you need to have funds sine qua non for the purchase of a property.
In other words, you need to have enough capital as an essential condition to be able to purchase this property.
In law, we often see the term sine qua non used to refer to an essential element or essential condition.
For example, contract formation is sine qua non to offer and acceptance.
This means that a contract can only be legally formed with an offer and acceptance of the offer.
Have you seen the phrase sine qua non be used in other ways in law?
If you have examples to share, we would love to hear from you!