Legal Definitions - ab inconvenienti

Ab inconvenienti is a Latin phrase that translates to "from hardship or inconvenience."

In legal contexts, this term refers to an argument against a particular interpretation of a law, a proposed rule, or a judicial decision because it would lead to impractical, difficult, or undesirable consequences. It's essentially an argument based on the negative practical implications or the significant hardship that would result from adopting a certain course of action or understanding.

Here are some examples illustrating its application:

• Judicial Interpretation of a Statute: Imagine a judge is tasked with interpreting a newly enacted environmental protection law. One possible interpretation of a specific clause would require every small farm in the state to install extremely expensive and complex water purification systems, even if their current runoff is minimal and poses no significant threat. The judge might reject this interpretation, arguing ab inconvenienti, because it would impose an unreasonable financial burden and practical hardship on thousands of small businesses, potentially leading to widespread bankruptcies and economic disruption, without a proportional environmental benefit. The argument here is that such an interpretation would lead to severe inconvenience and hardship for a large segment of the population.

• Legislative Debate on a New Regulation: A city council is debating a new ordinance that would ban all deliveries to businesses in the downtown area between 9 AM and 5 PM to reduce traffic congestion. Opponents of the ordinance might argue ab inconvenienti, pointing out that such a ban would create immense hardship for local restaurants, grocery stores, and other businesses that rely on regular deliveries to operate, forcing them to incur significant additional costs for nighttime staff or to cease operations. They would contend that the practical inconvenience and negative economic impact on the community outweigh the potential benefits to traffic flow.

• Contractual Dispute Resolution: Two companies are in a dispute over the meaning of a clause in a long-term supply contract. One company argues for an interpretation that would require the other to completely retool its manufacturing plant at a cost of millions of dollars, even though an alternative, equally valid interpretation would only require a minor adjustment to their existing processes. The second company's legal team might argue ab inconvenienti against the first interpretation, asserting that it would impose an undue and impractical burden, leading to severe financial hardship and operational disruption not intended by the spirit of the contract. They would contend that such an interpretation creates an unreasonable and disproportionate inconvenience.