Legal Definitions - a cancellando

a cancellando

A cancellando is a Latin legal phrase that translates to "from canceling" or "by means of canceling." It refers to a power, authority, or characteristic that is derived from or inherently linked to the act of canceling, nullifying, or revoking something. Essentially, it describes a function whose very nature involves the ability to undo or invalidate.

• Example 1 (Governmental Authority): A city's zoning board is empowered to issue construction permits. However, if a permit holder violates the terms of the permit or local building codes, the board also possesses the authority to revoke that permit.

  Explanation: The zoning board's power to revoke (cancel) a permit is an authority a cancellando. This power is intrinsic to its regulatory role, allowing it to nullify permissions when conditions are not met, thereby ensuring compliance and public safety.

• Example 2 (Contractual Law): In a real estate transaction, a buyer discovers significant, undisclosed structural defects in a house after signing the purchase agreement but before closing. A court might grant the buyer the right to rescind the contract.

  Explanation: The court's ability to rescind (cancel) the contract, effectively voiding the agreement and returning the parties to their pre-contractual state, is a power a cancellando. This authority arises from the legal principle that contracts based on material misrepresentation can be nullified.

• Example 3 (Corporate Governance): A company's articles of incorporation grant its board of directors the specific power to cancel unissued shares of stock that were previously authorized but never sold to investors.

  Explanation: The board's power to cancel these authorized but unissued shares is an authority a cancellando. This power allows them to nullify the potential for those shares to be issued, often to simplify the company's capital structure or to prevent dilution, demonstrating a power derived from the act of cancellation.