Legal Definitions - ab invito

Ab invito is a Latin legal term that describes an action or event that occurs against the will or without the consent of a particular party. It signifies that a party is compelled to act, or something is done to them, despite their objection or unwillingness.

Here are some examples to illustrate this concept:

• Eminent Domain: Imagine a local government decides it needs a specific plot of private land to build a new public library. The homeowner, Mr. Henderson, has lived in his house for decades and does not wish to sell it. Despite his strong objections and unwillingness to part with his property, the government can initiate eminent domain proceedings to acquire the land for public use.

  This acquisition of Mr. Henderson's property is an action ab invito because it occurs against his express will and desire to keep his home, compelled by the government's legal authority.

• Court-Ordered Asset Sale: Consider a situation where two business partners, Sarah and Tom, are dissolving their company and cannot agree on how to divide their shared assets, including a valuable piece of machinery. After mediation fails, a court intervenes and orders the machinery to be sold at auction, with the proceeds divided equally, even though Tom wanted to keep the machinery for a new venture.

  The sale of the machinery is an ab invito action from Tom's perspective. Despite his desire to retain the asset, the court's decision compels its sale, forcing him to relinquish ownership against his will.

• Involuntary Disclosure of Information: In a civil lawsuit, a large corporation is accused of wrongdoing. During the discovery phase, the opposing party requests access to internal emails and confidential financial records. The corporation believes these documents contain highly sensitive proprietary information and resists their disclosure, arguing they are irrelevant or protected.

  If the court rules against the corporation and orders them to produce the documents, their disclosure becomes an ab invito act. The corporation is compelled by a court order to reveal information it wishes to protect, acting against its own will and business interests to maintain confidentiality.