In Latin, “Propter impotentiam” translates to “on account of helplessness.” This phrase was previously employed as justification for individuals to acquire possession of a wild animal, as the animal was deemed too young or feeble to flee. For instance, if a baby bird was unable to fly away, someone might assert ownership over it.
Propter impotentiam, a Latin term meaning “on account of helplessness,” was historically used to justify gaining ownership of a wild animal. This justification was based on the animal’s inability to escape, such as a young bird that couldn’t yet fly away. For instance, if someone finds a baby bird that has fallen out of its nest and is too young to fly, they may claim ownership and care for it until it can survive independently. Similarly, if a person comes across an injured or sick wild animal that cannot escape, they may take it in and provide care until it recovers and can be released back into the wild. These examples exemplify the concept of propter impotentiam as they involve situations where the animal is helpless and incapable of self-sufficiency. In such cases, it can be deemed justifiable to assume ownership of the animal and provide the necessary care.
Propter Impotentiam is a legal term that refers to a defence used in cases where a party is unable to perform their obligations due to circumstances beyond their control.
Propter Impotentiam can be used as a defence when a party is unable to fulfill their contractual obligations due to unforeseen events such as natural disasters, government actions, or other circumstances beyond their control.
Examples of events that could trigger Propter Impotentiam include earthquakes, floods, war, government regulations, and other unforeseen circumstances that make it impossible for a party to fulfill their obligations.
Propter Impotentiam and force majeure are similar concepts, but force majeure typically refers to specific events that are listed in a contract, while Propter Impotentiam is a broader defence that can apply to any unforeseen event beyond a party’s control.
Propter Impotentiam can potentially be used in any type of contract, but its applicability will depend on the specific circumstances and the language of the contract.
To successfully use Propter Impotentiam as a defence, a party will need to provide evidence that the unforeseen event was beyond their control and made it impossible for them to fulfill their obligations.
Propter Impotentiam can be waived in a contract if the parties agree to exclude it as a defence in the event of unforeseen circumstances.
Yes, Propter Impotentiam can be used to excuse non-performance of a contractual obligation if the party can demonstrate that the unforeseen event made it impossible for them to fulfill their obligations.
Propter Impotentiam can be used as a defence in a lawsuit if a party is being sued for non-performance of a contractual obligation due to unforeseen circumstances.
Propter Impotentiam should be addressed in a contract by including language that specifies how unforeseen events will be handled and whether the defence will be available to the parties.
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: 16th April 2024.
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