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Nemo Cogi Potest Praecise Ad Factum, Sed In Id Tantum Quod Interest
Understanding Nemo Cogi Potest Praecise Ad Factum, Sed In Id Tantum Quod Interest in Contract Law
Definition & Meaning
The Latin maxim "Nemo cogi potest praecise ad factum, sed in id tantum quod interest" translates to "no one can be compelled to fulfill his obligation absolutely." This principle asserts that an individual cannot be forced to perform a contractual obligation in a strict sense but can only be compelled to the extent that it serves the interests of the creditor. Essentially, while individuals are expected to honor their contracts, the law recognizes that the enforcement of these obligations should be fair and reasonable, allowing for practical performance rather than absolute compliance.
Table of content
Legal Use & context
This maxim is commonly referenced in contract law, which governs agreements between parties. It emphasizes the importance of fairness in the enforcement of contracts, suggesting that courts should consider the interests of the parties involved rather than strictly adhering to the letter of the agreement. This principle can be relevant in various legal contexts, including civil disputes, contract negotiations, and even family law when obligations are discussed. Users can manage certain aspects of these legal processes using templates from US Legal Forms, which are designed by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A contractor agrees to complete a home renovation project. If the contractor faces unforeseen circumstances that delay the project, they cannot be forced to complete the work by a specific date if doing so would cause them undue hardship. Instead, they may be required to complete the work within a reasonable timeframe that considers the homeowner's interests.
Example 2: A person who has taken out a loan may not be legally compelled to pay back the loan in full if they can demonstrate that the lender has not acted in good faith or has not upheld their end of the agreement (hypothetical example).
Comparison with related terms
Term
Definition
Key Differences
Specific Performance
A legal remedy requiring a party to perform a specific act, usually in accordance with a contract.
Specific performance compels exact fulfillment of a contract, while this maxim allows for practical performance.
Liquidated Damages
Pre-determined damages agreed upon in a contract, payable in case of breach.
Liquidated damages provide a monetary remedy, whereas this maxim pertains to the performance of obligations.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where this principle may apply, consider the following steps:
Review your contract to understand your obligations and the interests of the other party.
Communicate openly with the other party about any difficulties you may face in fulfilling your obligations.
Consider using legal templates from US Legal Forms to draft any necessary documents or agreements.
If the situation is complex or contentious, it may be wise to consult a legal professional for tailored advice.
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