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Non adimpleti contractus is a Latin term that refers to a contract that has not been fulfilled or completed, potentially making the breaching party liable for compensation. Exception non adimpleti contractus is an exception where one party may be released from legal obligations if the other party fails to comply with the agreement.
The term “non adimpleti contractus” basically means that a contract has not been fulfilled or has not been completed. It is a Latin term commonly applied to various concepts of law. A basic meaning of this term involves a contract between two individuals that has been breached in some way. This typically indicates that the person who has breached or otherwise failed to meet the requirements of the contract may be liable to pay compensation as a result of this failure. A related term, “exception non adimpleti contractus,” however, denotes an exception to this rule, where one person is excused from completing a contract if the other person has failed to live up to his end of the bargain.
As with many other legal terms, the phrase derives from Latin and Roman laws and codes. In this case, the term refers to a contract between two or more people and that one party has failed to fulfill his part of the agreement. “Non adimpleti contractus” basically translates to “non-fulfilled contract” and is often used as a reason why someone can bring a lawsuit against someone else for failing to meet the terms of a contract.
When an instance of non adimpleti contractus occurs, then the person who has failed to fulfill his part of a contract is potentially liable for civil action. For example, a homeowner may have a contract with a builder, setting out a payment in exchange for the builder to complete the roof of a house. If the builder does not complete the project within the terms of the contract, it can be considered “non adimpleti contractus” as the contract has not been respected. This may make the builder liable for damages or compensation to the person who accepted the contract.
In some cases, however, someone can be forgiven for having this condition. This is typically referred to as “exception non adimpleti contractus” and refers to “an exception for an unfulfilled contract”. In this type of situation, someone who has failed to fulfill a contract may be released from legal obligations due to the other party failing to comply with some aspect of the agreement. The builder in the example above may not be liable if the contract stated that the homeowner owed a certain amount before construction began and the homeowner did not pay that amount.
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