Diverso intuitu is a legal term that translates to "with a different purpose or motive." It is often used in contract law to describe situations where the original consideration, or reason for a contract, comes from one party but involves multiple parties in the agreement. This concept emphasizes that each party may have separate obligations, rather than a collective responsibility.
Diverso intuitu is primarily used in contract law, particularly in cases involving multiple parties. It helps clarify the nature of obligations when the consideration is not solely dependent on one party's promise. This term can arise in various legal contexts, including civil law disputes and contractual agreements.
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Here are a couple of examples of abatement:
Example 1: If person A lends money to person B and person C agrees to pay back the loan, the consideration (the loan) comes from A, but B and C have separate obligations to repay A. This situation illustrates the concept of diverso intuitu.
Example 2: (hypothetical example) A company contracts with two suppliers for materials, where the payment is made by a third party. Each supplier has a separate obligation to deliver materials based on the agreement with the company, demonstrating diverso intuitu.
| Term | Definition | Key Difference |
|---|---|---|
| Joint obligation | All parties are collectively responsible for fulfilling the contract. | Diverso intuitu involves separate obligations for each party. |
| Consideration | The value exchanged in a contract. | Diverso intuitu focuses on the motive behind the consideration. |
If you find yourself in a situation involving diverso intuitu, consider the following steps:
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It means "with a different purpose or motive," often referring to the obligations in a contract involving multiple parties.