Literal Meaning
In the forum of conscience.Explanation
A person may conceal facts in a transaction in order to make a larger profit, which although may not be required to be disclosed by law, would be unethical. It refers to situations which are a matter of conscience, rather than a matter of law.
Origin
In foro conscientiae is a Latin term which means “before the tribunal of conscience; conscientiously”. This term is applied in opposition, to the obligations which the law enforces.
Illustration
The concealment of facts by the vendee which may enhance the price, is wrong in foro conscientiae, but there is no legal obligation on the part of the vendee to disclose them, and the contract will be good if not vitiated by fraud.
Case Reference
In Vora Fidaali Badruddin vs. The State Of Bombay[1] it was observed that in many cases much enquiry may be necessary before it can be ascertained under what circumstances the rights were acquired and what rights should in foro conscientiae be recognized.
In Gibson vs. East India Company,[2] it was observed that in cases obligation which want the vinculum juris, although binding in moral equity and conscience and which the sovereign may in foro conscientious choose to make good but of which the performance must be sought for by petition, memorial or remonstrance and not by action in the Municipal Courts of the sovereign.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
Reference:[1] Vora Fidaali Badruddin v. The State Of Bombay, AIR 1961 Guj 151
[2] Gibson v. East India Company, ((1839) 5 Bing NC 262)
