The principle of contra non valentem states that if an individual is unable to pursue legal action due to actions taken by the defendant, such as withholding crucial information, the statute of limitations does not begin until the individual is capable of taking action. This principle is commonly referred to as contra non valentem.
The legal principle of contra non valentem states that a limitations or prescriptive period does not start running against a plaintiff who is unable to act, typically due to the defendant’s culpable actions such as concealing material information relevant to the plaintiff’s claim. For instance, if a doctor fails to disclose a medical condition to a patient who could not have reasonably known about it, the patient may not be able to file a claim against the doctor until they become aware of the condition. In such a scenario, the doctrine of contra non valentem would apply, and the limitations period would not commence until the patient becomes aware of the condition. Another example could involve a person being injured in a car accident and being unable to file a claim against the other driver due to being in a coma. In this case, the doctrine of contra non valentem would apply, and the limitations period would not start until the injured person is able to take action.
The Doctrine of Contra Non Valentem is a legal principle that states that a party cannot be held liable for non-performance of a contractual obligation if they were unable to perform due to circumstances beyond their control.
Examples of circumstances that may trigger the Doctrine of Contra Non Valentem include natural disasters, unforeseen emergencies, government actions, or any other event that makes it impossible for a party to fulfill their contractual obligations.
The Doctrine of Contra Non Valentem provides a defence for a party who is unable to perform their contractual obligations due to circumstances beyond their control. It may excuse them from liability for non-performance or delay in performance.
Yes, the Doctrine of Contra Non Valentem can be invoked in any type of contract, including employment contracts, lease agreements, construction contracts, and more.
The applicability of the Doctrine of Contra Non Valentem may vary depending on the jurisdiction. It is important to consult with a local attorney to determine if this doctrine is recognized and applicable in your specific jurisdiction.
Yes, parties to a contract can agree to waive the application of the Doctrine of Contra Non Valentem. This can be done through a specific provision in the contract or through a separate agreement.
The burden of proof lies with the party invoking the Doctrine of Contra Non Valentem. They must provide evidence to demonstrate that the circumstances preventing performance were beyond their control and could not have been reasonably anticipated.
Yes, the Doctrine of Contra Non Valentem can be used as a defence in a lawsuit to argue that a party should not be held liable for non-performance or delay in performance due to circumstances beyond their control.
The Doctrine of Contra Non Valentem is primarily used as a defence to non-performance or delay in performance. It may not necessarily result in the termination of the contract, but rather provide a justification for the party’s inability to fulfill their obligations.
While the Doctrine of Contra Non Valentem can provide relief in certain situations, it is not a blanket defence for all non-performance. The circumstances preventing performance must be truly beyond the party’s control and not due to their own negligence or intentional actions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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