Define: Cantio Pro Expensis

Cantio Pro Expensis is a Latin term that translates to “singing for expenses.” It refers to a legal principle that allows a party to recover their legal costs from the opposing party if they are successful in a lawsuit.

Under Cantio Pro Expensis, if a party wins a lawsuit, they can request the court to order the losing party to pay their legal costs. This includes attorney fees, court filing fees, and other expenses incurred during the litigation process.

Cantio Pro Expensis is generally applicable in civil lawsuits, where one party sues another for damages or seeks some form of legal remedy. However, its availability may vary depending on the jurisdiction and the specific laws governing the case.

The court considers various factors when awarding legal costs, including the complexity of the case, the conduct of the parties during the litigation, the reasonableness of the legal fees, and the overall success of the party seeking costs.

Yes, parties can agree to waive or exclude Cantio Pro Expensis in a contract. This means that even if one party is successful in a lawsuit, they may not be entitled to recover their legal costs if the contract explicitly states so.

No, Cantio Pro Expensis is generally not applicable in criminal cases. In criminal cases, the government prosecutes the accused, and the court does not typically order the defendant to pay the government’s legal costs, even if they are found not guilty.

If a case is settled out of court, the parties can negotiate and agree on the payment of legal costs as part of the settlement agreement. However, if the settlement agreement is silent on legal costs, Cantio Pro Expensis may not apply, and each party would typically bear their own legal expenses.

The decision to award or deny legal costs under Cantio Pro Expensis can be appealed, just like any other court decision. However, the appellate court will generally review the lower court’s decision for abuse of discretion and will not overturn it unless there is a clear error of law or fact.

While Cantio Pro Expensis can act as a deterrent to frivolous lawsuits, it is not a foolproof strategy. The court will carefully consider the merits of each case before awarding legal costs, and parties should not rely solely on this principle to discourage litigation.