Bis Dat Qui Cito Dat (He gives twice who gives quickly) – Meaning, Explanation, and Legal Application

Table of Contents

1. Introduction
2. Meaning of the Maxim
3. Explanation and Rationale
4. Legal Application
   • 1. Contracts and Performance of Obligations
   • 2. Donations and Charitable Contributions
   • 3. Equitable Remedies and Judicial Relief
5. Illustrative Examples
6. Relevant Case Laws
7. Conclusion

Introduction

The legal maxim “Bis dat qui cito dat”, a Latin phrase, translates to “He gives twice who gives quickly.” This principle underscores the importance of prompt action in providing aid, fulfilling obligations, or delivering justice. It is often invoked in contract law, charitable donations, and judicial remedies where timely performance enhances value and reinforces fairness.

Meaning of the Maxim

The phrase “Bis dat qui cito dat” originates from classical Latin legal thought and is widely interpreted as:

“A gift or obligation fulfilled without delay has double the value.”

In simpler terms, giving or acting promptly increases the benefit received by the recipient, and delays in performance or assistance diminish its value. This principle holds particular significance in law, business, and ethics, where timing influences the effectiveness of an action.

Explanation and Rationale

The maxim emphasizes the significance of promptness in fulfilling legal, contractual, or moral duties. Its underlying rationale is:

1. Timeliness Enhances Value: A delayed benefit often loses its full effectiveness, particularly in urgent situations.
2. Encouragement for Swift Action: Legal systems often reward those who act quickly by granting them greater rights or relief.
3. Prevention of Harm: In legal and contractual contexts, delays can lead to damages, making prompt fulfillment crucial.

This principle aligns with equity and natural justice, ensuring that parties who act promptly are favored by law.

Legal Application

The maxim “Bis dat qui cito dat” finds application in various legal domains, particularly in contracts, donations, and equitable relief.

1. Contracts and Performance of Obligations

In contract law, timely fulfillment of obligations strengthens business relationships and prevents legal disputes. The principle applies to:

• Performance of Contracts: If a party delivers goods/services swiftly, they are considered more valuable than delayed performance.
• Early Payment Incentives: Many commercial contracts offer discounts for early payments, recognizing the principle of timely benefit.
• Liquidated Damages for Delay: Contracts may impose penalties for late performance, reinforcing the legal importance of prompt action.

2. Donations and Charitable Contributions

The principle is especially relevant in philanthropy, where early contributions maximize impact. For example:

• A donation made during a natural disaster is more valuable than one made after recovery efforts are complete.
• Many charitable organizations prioritize funds given promptly, ensuring timely aid distribution.

3. Equitable Remedies and Judicial Relief

Courts often apply this principle when granting injunctions or specific relief, ensuring that:

• Swift legal action prevents irreparable harm.
• Delays in seeking justice may weaken a case.
• Prompt judicial intervention preserves rights.

For instance, a party seeking specific performance in a contract dispute must act promptly, as delays may diminish the fairness of relief granted.

Illustrative Examples

To better understand this maxim, consider the following examples:

1. A Business Contract:
   • Company A agrees to supply raw materials to Company B. If Company A delivers ahead of schedule, Company B can commence production sooner, generating greater value.
2. Medical Donations:
   • A pharmaceutical company donates life-saving drugs during an epidemic. This prompt action saves more lives, making the donation twice as valuable.
3. Judicial Injunctions:
   • A plaintiff seeking to prevent illegal construction files a suit promptly. The court grants an injunction, stopping the work before **irreparable