Define: Quia Timet

Quia timet is a legal doctrine derived from Latin that translates to “because he fears.” In legal contexts, it refers to a legal action taken preemptively by an individual or entity to prevent a potential harm or injury from occurring in the future. Essentially, it allows a party to seek relief from a court based on a reasonable apprehension or fear of an impending harm, even if the harm has not yet materialized. Quia timet actions are often used in situations where there is a threat of future harm that cannot be adequately addressed through existing legal remedies or where waiting for the harm to occur would be impractical or detrimental. These actions typically involve seeking injunctive relief or other preventive measures from the court to mitigate or forestall the anticipated harm. Quia timet actions are subject to specific legal requirements and standards, and the party seeking relief must demonstrate a credible and imminent threat of harm to succeed in court.

Latin: ‘because he fears’. For example, a quia timet injunction may be obtained if the claimant can show that some actionable event is likely to occur, even if it has not yet occurred.

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This glossary post was last updated: 29th March 2024.