Ex visitatione Dei, a Latin phrase, signifies that an event occurred due to God’s plan or a physical incapacity. Historically, if a prisoner remained silent during their trial, a jury would be summoned to determine if they were choosing not to speak or if they were physically unable to do so. This phrase may also be included in a coroner’s report when a person dies from a natural cause, such as a disease.
Ex visitatione Dei, which translates to “by the dispensation of God” or “by natural causes as opposed to violent ones,” is a term used to describe events or circumstances that occur due to physical incapacity or natural causes. For instance, if a prisoner remains silent in court instead of pleading, a jury may be convened to determine if the prisoner is intentionally refusing to speak or if they are unable to do so due to physical limitations. Similarly, in a coroner’s report, ex visitatione Dei may be used to explain that a person’s death was a result of a disease or other natural cause rather than from violence.
Ex Visitatione Dei is a Latin term that translates to “By the Visitation of God.” It refers to a legal doctrine that allows for the suspension or modification of contractual obligations due to unforeseen and uncontrollable events, often referred to as acts of God.
Acts of God typically include natural disasters such as earthquakes, floods, hurricanes, or other catastrophic events that are beyond human control. However, the specific definition may vary depending on the jurisdiction and the circumstances of the case.
Yes, Ex Visitatione Dei can be used as a defence in certain cases where the performance of a contractual obligation becomes impossible or impracticable due to an act of God. However, the party invoking this defence must prove that the event was unforeseeable and truly beyond their control.
Ex Visitatione Dei can potentially apply to any type of contract, but its applicability may depend on the specific terms and conditions outlined in the contract. Some contracts may include force majeure clauses that explicitly address the consequences of acts of God, while others may not.
In certain circumstances, Ex Visitatione Dei may be invoked to terminate a lease agreement if the leased property becomes uninhabitable or unusable due to an act of God. However, this would typically require a significant and permanent change in the condition of the property.
Ex Visitatione Dei generally does not absolve individuals or entities from liability for personal injury or property damage caused by an act of God. However, it may be considered as a factor in determining negligence or liability if the party took reasonable precautions to prevent harm.
Insurance policies often include provisions that cover losses caused by acts of God, such as natural disasters. However, the specific coverage and exclusions may vary depending on the policy terms and conditions. It is important to review the insurance policy carefully to understand the extent of coverage.
Ex Visitatione Dei may be used as a basis to request a delay or suspension of court proceedings if an act of God has significantly impacted the ability of the parties or the court to proceed. However, the decision to grant such a request is at the discretion of the court.
Ex Visitatione Dei generally does not excuse individuals or entities from paying rent or other financial obligations unless specifically provided for in the contract or lease agreement. It is important to review the terms of the agreement and consult with legal counsel to understand the rights and obligations of the parties.
Ex Visitatione Dei is primarily a legal doctrine applicable to civil matters and contractual obligations. It is generally not applicable as a defence in criminal cases, as criminal liability is determined based on the intent and actions of the accused rather than external events.
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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