Legal Definitions - a quo invito aliquid exigi potest

The Latin phrase a quo invito aliquid exigi potest, used in Scots law, describes a situation where a person is legally bound to fulfill an obligation, even if they are unwilling to do so. It refers to someone from whom something (such as payment, performance, or compliance) can be legally demanded and enforced against their will. This concept highlights that the obligation arises from a binding legal duty, rather than a voluntary agreement or a moral commitment.

• Enforcement of a Court Judgment for Debt

  Imagine a scenario where Sarah borrowed a significant sum of money from a bank and signed a loan agreement. Later, she defaulted on her payments. The bank sued her, and a court issued a judgment ordering Sarah to repay the outstanding debt. Even if Sarah is now unwilling or unable to pay, she is a quo invito aliquid exigi potest. The court judgment creates a legal obligation that can be enforced through various legal means (like wage garnishment or asset seizure), compelling her to pay against her personal will.

• Court Order for Specific Performance of a Contract

  Consider a situation where a unique antique was sold, and the seller, after receiving payment, refused to hand over the item to the buyer. Because the antique is one-of-a-kind, a court might issue an order for "specific performance," compelling the seller to deliver the exact item as per the contract, rather than just paying damages. In this case, the seller is a quo invito aliquid exigi potest because they are legally obligated by the court order to transfer the antique, even if they have changed their mind and no longer wish to part with it.