Understanding Laesio Ultra Dimidium Vel Enormi in Onerous Contracts
Definition & Meaning
The term "laesio ultra dimidium vel enormi" refers to a legal concept in contract law that addresses significant imbalances in onerous contracts. Specifically, it describes a situation where one party suffers an injury because they were overreached by the other party, resulting in them receiving less than half the value of what they were entitled to. This may occur when, for instance, a seller receives less than half the worth of a sold property, or a buyer pays more than double the fair value of a purchase.
Legal Use & context
This term is primarily used in civil law, particularly in the context of contract disputes. It helps protect parties in onerous contracts"those where the costs of fulfilling the contract exceed the benefits received. Understanding this concept is crucial for individuals entering contracts, as it can inform decisions about fairness and potential legal recourse. Users can manage related forms and procedures through resources like US Legal Forms, which provides templates for various legal needs.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner sells their property valued at $300,000 but only receives $100,000. In this case, the seller has not received half the value of the property, which may invoke the concept of laesio ultra dimidium vel enormi.
Example 2: A buyer purchases a car valued at $20,000 but pays $45,000. Here, the buyer has overpaid significantly, which could also be a case for this legal principle. (hypothetical example)