The term “Tanquam in libello” is a Latin phrase utilised in the legal field. It signifies that something is being regarded as if it were stated in the written statement of a plaintiff’s case, known as a libel.
The Latin phrase “tanquam in libello” is used in law to mean “as if alleged in the libel”. A libel is a written accusation, so when something is described as “tanquam in libello”, it means it is being treated as if it was written in the libel, even if it wasn’t. For example, in a court case, a judge might use this phrase to indicate that a fact is being treated as if it was written in the libel, even though it wasn’t explicitly stated. This could be used to consider evidence that wasn’t directly mentioned in the libel, but is still relevant to the case.
Tanquam In Libello is a Latin legal term that translates to “as if in a little book.” It refers to a legal principle where a party’s rights or obligations are determined solely based on the written terms of a contract or document.
If a contract contains clear and unambiguous terms, the court will interpret and enforce the contract strictly according to those terms, without considering any external evidence or oral agreements. This principle is known as Tanquam In Libello.
Yes, in certain circumstances, Tanquam In Libello can be overridden by other legal principles such as fraud, duress, mistake, or unconscionability. If any of these factors are present, the court may consider external evidence or oral agreements to determine the true intent of the parties.
Tanquam In Libello generally applies to written contracts, where the parties have clearly expressed their intentions in writing. However, it may not apply to certain types of contracts, such as contracts involving real estate, which may require additional formalities.
No, Tanquam In Libello only applies when the contract terms are clear and unambiguous. If there is any ambiguity in the contract, the court will interpret it using other legal principles, such as the objective theory of contract interpretation.
Yes, the parties can explicitly waive the application of Tanquam In Libello in their contract. They can include a provision that allows the court to consider external evidence or oral agreements to interpret the contract, even if the terms are clear and unambiguous.
If a contract does not explicitly address the application of Tanquam In Libello, the court will generally presume that the principle applies and interpret the contract strictly based on its written terms.
No, Tanquam In Libello does not allow the enforcement of unfair or one-sided contract terms. If a contract term is found to be unconscionable or against public policy, the court may refuse to enforce it, regardless of the principle of Tanquam In Libello.
No, Tanquam In Libello is primarily a principle used in civil contract disputes. It does not apply to criminal cases, where the burden of proof and evidentiary rules are different.
Yes, there are certain exceptions to the application of Tanquam In Libello, such as cases involving fraud, mistake, or misrepresentation. In such cases, the court may consider external evidence or oral agreements to determine the true intent of the parties, even if the contract terms are clear and unambiguous.
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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