Intra vires refers to an action that is within the legal authority or power of a corporation or person. For instance, the board of directors has the intra vires function of calling a shareholders’ meeting. This is in contrast to ultra vires, which denotes an action that exceeds the legal authority or power of a corporation or person.
The term “intra vires” is derived from Latin and it means “within the powers of.” It is used to describe an action that is taken by a corporation or individual within their authorized scope. For instance, calling a shareholders’ meeting is considered an intra vires function of the board of directors. This indicates that the board of directors has the authority to convene such a meeting and it is a legitimate action within their jurisdiction. Conversely, if they were to undertake an action that falls outside their authority, it would be deemed as “ultra vires.” To illustrate, a company’s CEO has the power to hire and fire employees. If the CEO terminates an employee, it is considered an intra vires action as it falls within their authorized scope. This means that the CEO has the authority to make decisions regarding the company’s employees and firing an employee is a valid action within their power. However, if the CEO were to make a decision on a matter that is beyond their authority, it would be classified as ultra vires.
“Intra vires” is a Latin phrase that translates to “within the powers.” In legal terms, it refers to actions or decisions that fall within the authority or jurisdiction of a particular entity, such as a government body or organisation.
In the context of government actions, the concept of intra vires ensures that government bodies exercise their powers and make decisions within the limits prescribed by law. Any action or decision that exceeds these limits may be considered ultra vires, or beyond the powers.
Yes, individuals or organisations can challenge a government action if they believe it to be ultra vires. They can seek legal remedies, such as filing a lawsuit, to challenge the action and have it declared invalid.
If a court determines that a government action is ultra vires, it means that the action was taken beyond the powers granted to the government body. In such cases, the action may be declared null and void, and any consequences or decisions resulting from it may be invalidated.
Yes, the concept of intra vires can also apply to actions taken by private organisations or individuals. It ensures that they act within the scope of their authority or contractual obligations.
Determining whether an action is intra vires or ultra vires requires a careful analysis of the relevant laws, regulations, contracts, or governing documents. Legal advice from an attorney specializing in the relevant area of law can help in making this determination.
Acting ultra vires can have various consequences depending on the specific circumstances. It may result in legal challenges, financial liabilities, loss of reputation, or even criminal charges in some cases. It is essential to understand and respect the limits of one’s authority to avoid such consequences.
Generally, acting intra vires does not lead to liability, as it means acting within the authorized powers. However, if an action taken within the authorized powers causes harm or violates other laws, liability may still arise under those specific circumstances.
Yes, intra vires can be used as a defence in legal disputes. If an action is challenged as being ultra vires, the party accused of acting beyond their authority can argue that their actions were within the authorized powers, thus asserting the defence of intra vires.
To ensure they act intra vires, individuals and organisations should familiarize themselves with the relevant laws, regulations, contracts, or governing documents that define their authority. Seeking legal advice when in doubt and regularly reviewing and updating their knowledge can help prevent unintentional ultra vires 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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