Laesio enormis, a legal term, refers to an “excessive loss” or an “abnormal loss of more than half.” It was utilised in Roman and civil law to describe situations where a buyer paid less than half the actual value of their purchase or where one party in a contract received double the value of the other party’s money or property. In such cases, the seller had the option to cancel the sale, but the buyer could retain the item by paying its full value. This doctrine primarily applied to land sales. In modern times, it is employed to assess the fairness and validity of contracts.
Laesio enormis, or lesion beyond moiety, is a legal term that describes a significant or abnormal loss of more than half. In Roman and civil law, it has two interpretations. Firstly, it refers to the sale of an item where the buyer pays less than half its actual value. In such cases, the seller has the option to cancel the sale, but the buyer can retain the item by paying its full value. This concept is commonly applied to land sales. Secondly, laesio enormis also applies to situations where one party in an onerous contract suffers an injury due to the other party receiving twice the value of their money or property. For instance, if a purchaser pays less than half the value of a property or a seller receives more than double its value, laesio enormis may be present. In cases where co-owners or co-heirs divide or sell property, laesio enormis may occur if the purchaser pays less than one-fourth of the value instead of one-half. In Louisiana, laesio enormis is synonymous with lesion beyond moiety. For example, if John sells his house to Jane for $50,000, but the actual value of the house is $100,000, laesio enormis may be applicable. In this scenario, Jane paid less than half the true value of the house, allowing John to cancel the sale. However, if Jane wishes to keep the house, she would need to pay the full value of $100,000. This example demonstrates the first meaning of laesio enormis, where John sold his house to Jane for less than half its actual value, resulting in an excessive loss. Consequently, John has the right to rescind the sale, but Jane can retain the house by paying its full value.
Laesio Enormis Vel Ultra Dimidium is a legal principle that applies in certain jurisdictions to protect parties from entering into grossly unfair contracts. It allows the injured party to seek a reduction in the contract price or even rescind the contract altogether.
Under this principle, if a party can prove that the contract price is less than half of the fair market value of the subject matter, they may be entitled to a reduction in the price. The reduction is typically proportional to the difference between the contract price and the fair market value.
No, this principle generally applies to contracts involving the sale of immovable property, such as land or buildings. It may also apply to certain other types of contracts, depending on the jurisdiction.
In some jurisdictions, parties may be allowed to waive the application of this principle through a contractual provision. However, the validity and enforceability of such waivers may vary depending on the jurisdiction and the specific circumstances of the case.
The time limit for invoking this principle varies depending on the jurisdiction. In some cases, it must be invoked within a certain period after the contract is concluded, while in others, it may be invoked within a reasonable time after discovering the unfairness of the contract.
Yes, if a party believes that they have been unfairly treated in a contract, they can raise Laesio Enormis Vel Ultra Dimidium as a defence in a lawsuit brought against them for non-performance or breach of contract.
The fair market value is typically determined based on objective factors such as market prices, appraisals, or expert opinions. The specific factors considered may vary depending on the nature of the subject matter and the jurisdiction.
In general, this principle applies to contracts that are concluded after its enactment. It may not be applied retroactively to existing contracts unless there is a specific provision in the law allowing for retroactive application.
The application of this principle in international contracts may vary depending on the governing law chosen by the parties and the jurisdiction where the dispute is being resolved. It is advisable to seek legal advice to determine its applicability in international contexts.
The remedies available under this principle may include a reduction in the contract price, rescission of the contract, or other appropriate relief as determined by the court. The specific remedies may vary depending on the jurisdiction and the circumstances of the case.
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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