In law, this Latin phrase is utilised to emphasize the significance of considering someone’s intentions, even if they were unable to give or administer something.
Quamvis non potuerit dare (kwam-vis non pah-tyoo-air-it [or pah-choo-] dair-ee) is a Latin legal term that signifies “although he had not been able to give or administer it.” For instance, if a person is designated as the executor of a will but is unable to carry out their responsibilities due to illness or death, the court may appoint a substitute executor to handle the estate. In this scenario, the substitute executor would be appointed quamvis non potuerit dare, indicating that despite the original executor’s inability to administer the estate, the substitute executor can step in and fulfil their duties. This example demonstrates the usage of the term quamvis non potuerit dare in a legal context to describe a situation where someone is incapable of fulfiling their duties, but another person can assume control.
“Quamvis Non Potuerit Dare” is a Latin phrase that translates to “Although he may not be able to give.” It is often used in legal contexts to refer to a situation where someone is unable to fulfill a legal obligation or provide something that is expected of them.
In contract law, “Quamvis Non Potuerit Dare” can be invoked as a defence when a party is unable to fulfill their contractual obligations due to circumstances beyond their control. It acknowledges that even though they may not be able to provide what was agreed upon, they should not be held liable for the breach.
No, “Quamvis Non Potuerit Dare” is not typically applicable in criminal cases. It is primarily used in civil law matters, particularly in contract disputes.
Examples include a contractor being unable to complete a construction project due to unforeseen circumstances, a seller being unable to deliver goods due to a natural disaster, or a party being unable to make a payment due to financial hardship caused by external factors.
While the concept of being excused from fulfilling obligations due to impossibility or impracticability is recognized in many legal systems, the specific Latin phrase “Quamvis Non Potuerit Dare” may not be universally used or recognized. The legal principles behind it, however, are often acknowledged.
No, “Quamvis Non Potuerit Dare” is generally not applicable if the inability to perform was foreseeable or could have been prevented through reasonable measures. It is meant to address unforeseen or uncontrollable circumstances.
The burden of proof lies with the party invoking “Quamvis Non Potuerit Dare” to demonstrate that the inability to perform was due to circumstances beyond their control and that they made reasonable efforts to fulfill their obligations.
“Quamvis Non Potuerit Dare” is not typically used to terminate a contract outright. Instead, it is used as a defence against claims of breach of contract, seeking to excuse the non-performing party from liability for their inability to fulfill their obligations.
Depending on the circumstances, the affected party may be entitled to seek alternative remedies, such as damages or specific performance, if the non-performing party is unable to fulfill their obligations. However, the availability of such remedies will depend on the specific laws and contractual provisions in place.
Yes, parties can include provisions in a contract that waive or limit the applicability of “Quamvis Non Potuerit Dare.” These provisions may outline specific circumstances under which the non-performing party will still be held liable, even if they are unable to fulfill their obligations.
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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