Laesio enormis is a legal term that refers to the sale of something for less than half its actual value. In such cases, the seller has the right to cancel the sale, but the buyer can choose to keep the item by paying the full value. This principle typically pertains to the sale of land, but it can also apply to contracts where one party receives double the value of the other party’s money or property. In such instances, the disadvantaged party can request the cancellation of the contract or seek compensation. This rule is implemented in numerous countries to ensure the fairness of contracts.
Laesio Enormis, a term used in Roman and civil law, refers to the sale of an item where the buyer pays less than half of its actual value. It can also apply to situations where one party in an onerous contract suffers an injury by receiving double the value of their money or property. For instance, if a seller sells a piece of land for less than half its true value, the buyer has the option to keep the land by paying the full value or the seller can cancel the sale. Laesio enormis may also occur if a purchaser pays less than half the value of a property or if a seller receives more than double the property’s value. In Louisiana, laesio enormis can be present if a purchaser pays less than one-fourth of the value of property sold by coowner coheirs. These examples demonstrate how laesio enormis is utilised to safeguard parties from unfair contracts or sales. If a buyer pays significantly less than the actual value of a property, the seller can cancel the sale or the buyer can pay the full value to retain the property. Similarly, if a seller receives significantly more than the value of the property sold, the injured party can seek relief under laesio enormis. This doctrine ensures that contracts and sales are just and equitable for all parties involved.
Laesio Enormis is a legal principle that applies when a party enters into a contract and suffers a significant imbalance between the value they receive and the consideration they provide.
If Laesio Enormis is proven, the affected party may be entitled to seek a reduction in the contract price or even rescind the contract altogether.
The specific threshold for a significant imbalance may vary depending on the jurisdiction, but generally, it is determined by comparing the actual value received with the value that should have been received under fair market conditions.
Laesio Enormis can potentially be applied to any type of contract, as long as the conditions for its application are met. However, it is more commonly invoked in contracts involving the sale of goods or services.
In some jurisdictions, parties may be allowed to waive or exclude the application of Laesio Enormis through explicit contractual provisions. However, such waivers may not always be enforceable, especially if they are deemed to be against public policy.
To prove Laesio Enormis, you would typically need to demonstrate the significant imbalance between the value received and the consideration provided. This can be done through evidence such as expert opinions, market valuations, or comparable transactions.
In most cases, Laesio Enormis needs to be invoked before or during the performance of the contract. Once the contract has been fully performed, it may be more difficult to seek remedies based on Laesio Enormis.
If Laesio Enormis is proven, the affected party may be entitled to seek a reduction in the contract price to reflect the actual value received or even rescind the contract and seek restitution.
The time limitations for invoking Laesio Enormis may vary depending on the jurisdiction and the specific circumstances of the case. It is advisable to consult with a legal professional to determine the applicable time limitations.
Yes, if a party can successfully prove Laesio Enormis, it can be used as a defence against a contract claim, potentially leading to a reduction in the amount claimed or even the invalidation of the contract.
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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