Pro tanto is a Latin phrase that translates to "as much as one is able" or "only to that extent." In legal contexts, it often refers to a partial payment made towards settling a claim or debt. This term is commonly used in situations involving compensation for damages, particularly in eminent domain cases, where property is taken for public use.
Pro tanto is primarily used in civil law, especially in cases related to property and compensation. It applies when a party receives a partial payment that reduces their total claim. This term is relevant in various legal situations, including:
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Here are a couple of examples of abatement:
Example 1: A property owner receives a pro tanto payment for damages caused by a construction project. This payment reduces the total amount they can claim for further damages.
Example 2: In a car accident case, the injured party receives a pro tanto settlement from one of the responsible drivers, which decreases the amount they can claim from other parties involved. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Application of Pro Tanto |
|---|---|
| California | Pro tanto payments can affect future claims in eminent domain cases. |
| New York | Pro tanto applies to settlements in personal injury cases, reducing total claims. |
| Texas | Pro tanto payments are recognized in property damage claims, affecting overall compensation. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Pro rata | Distributing an amount proportionally. | Pro tanto refers to a partial payment, while pro rata involves proportional distribution. |
| Settlement | An agreement reached between parties to resolve a dispute. | Pro tanto specifically refers to partial payments, whereas a settlement can be a full resolution. |
If you find yourself in a situation involving pro tanto payments, consider the following steps:
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Pro tanto means "to that extent," referring to a partial payment made towards a claim.