The term "ultra posse nemo obligatur" is a Latin phrase that translates to "no one is obligated beyond what they are able to do." This principle emphasizes that individuals cannot be held to obligations or duties that exceed their capabilities. It is often invoked in legal contexts to ensure fairness and prevent unjust demands on a person's abilities or resources.
This principle is commonly referenced in various areas of law, including:
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Here are a couple of examples of abatement:
Here are a couple of examples illustrating the principle:
Examples of state differences (not exhaustive):
| State | Application of Ultra Posse Nemo Obligatur |
|---|---|
| California | Generally applies in family law cases to determine support obligations. |
| New York | Used in contract disputes to assess the reasonableness of obligations. |
| Texas | Emphasized in civil law for liability cases concerning personal capabilities. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Contractual Obligation | A duty established by a contract. | Ultra posse nemo obligatur limits obligations based on capability, while contractual obligations may not. |
| Reasonable Person Standard | A legal standard used to determine how an average person would act. | Ultra posse nemo obligatur focuses on individual capability, while the reasonable person standard is more general. |
If you find yourself in a situation where this principle may apply, consider the following steps:
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It means that no one is obligated beyond what they are able to do.