Define: Quoad Ultra

Quoad Ultra
Quoad Ultra
Quick Summary of Quoad Ultra

The term “quoad ultra” is a Latin phrase utilised in the legal field to indicate “with regard to the remaining.” It was frequently employed during legal proceedings when a defendant acknowledged a portion of the plaintiff’s claim but disputed the remainder.

Full Definition Of Quoad Ultra

The term “quoad ultra” is a Latin phrase used in law to indicate “with regard to the rest.” It was frequently employed in legal pleadings when a defendant acknowledged a portion of the plaintiff’s claim but disputed the remainder. For instance, if a plaintiff sued a defendant for $10,000 and the defendant admitted to owing $5,000 but denied the remaining $5,000, the defendant would plead quoad ultra. This means that the defendant agrees to pay the $5,000 they owe but not the other $5,000. The term quoad ultra was commonly utilised in legal proceedings to clarify which aspects of a claim were being admitted and which were being denied.

Quoad Ultra FAQ'S

“Quoad ultra” is a Latin phrase that translates to “as far as it extends” or “to the extent.” In legal contexts, it refers to the limitations or boundaries of a particular legal provision or authority.

In contract law, the principle of quoad ultra is used to determine the extent of a party’s obligations or rights under a contract. It helps establish the limits of performance or liability for each party involved.

Yes, the principle of quoad ultra is often used in statutory interpretation to determine the scope and limits of a particular law or provision. It helps clarify the intended reach of the legislation.

Yes, there can be exceptions to the principle of quoad ultra depending on the specific legal context. Some laws or provisions may explicitly state exceptions or limitations to their application.

In administrative law, the principle of quoad ultra is used to define the extent of authority or power granted to administrative bodies or agencies. It helps ensure that they do not exceed their jurisdiction.

Yes, the principle of quoad ultra can be applied in constitutional law to determine the limits of governmental powers and the scope of constitutional provisions. It helps prevent the abuse of authority.

Yes, the principle of quoad ultra is recognized in international law as a means to define the extent of a state’s jurisdiction or obligations under international treaties or agreements.

In property law, the principle of quoad ultra helps establish the boundaries and limitations of property rights. It determines the extent to which an individual can exercise control over their property.

While the principle of quoad ultra is not commonly applied in criminal law, it can be relevant in certain cases to determine the limits of a criminal statute or the jurisdiction of a court.

The principle of quoad ultra plays a role in the separation of powers doctrine by defining the limits of authority for each branch of government. It helps maintain a balance of power and prevents one branch from exceeding its jurisdiction.

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Disclaimer

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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