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.
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.
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).