Legal Definitions - ab irato

Ab irato is a Latin legal term that translates to "by one who is angry."

In legal contexts, this phrase describes an action, decision, or document that was made or executed by an individual while they were in a state of intense anger, rather than through calm and rational deliberation. Such actions might be challenged in court if it can be shown that the anger significantly impaired the person's judgment, leading to an outcome they might not have intended otherwise under normal circumstances.

• Example 1: Disinheritance in a Will

  After a particularly heated argument with his daughter, a father immediately goes to his lawyer and changes his will to completely disinherit her, leaving her share to a distant relative instead. If the father were to pass away shortly after this change, and the daughter challenged the will, a court might consider whether the will amendment was made "ab irato."

  Explanation: This action could be considered "ab irato" because the father's decision to alter his will was driven by intense anger rather than a reasoned evaluation of his estate plan. The daughter might argue that the father's judgment was so clouded by rage that the change did not reflect his true, considered wishes for his estate.

• Example 2: Hasty Contractual Agreement

  During a bitter business dispute, one partner, in a fit of pique, signs a contract agreeing to sell their share of the company to a competitor for a significantly undervalued price, purely to spite their estranged partner, without fully considering the financial implications for themselves.

  Explanation: The sale of the business share "ab irato" indicates that the partner's primary motivation was anger and a desire for retaliation, rather than a sound financial decision. This action, driven by rage, might later be challenged if the partner claims their judgment was impaired by their emotional state, leading to an unfair or irrational agreement.

• Example 3: Impulsive Property Transfer

  A homeowner, furious with a neighbor over a long-standing boundary dispute, hastily signs over a small but crucial strip of their property to a third party (who is a stranger) for a nominal fee, just to prevent the neighbor from ever having potential access or rights to that land, without fully understanding the long-term consequences for their own property access or value.

  Explanation: This sudden transfer of property, made in direct response to anger and without careful consideration, would be an "ab irato" decision. The homeowner's judgment was influenced by their emotional state, potentially leading to a less thoughtful or beneficial outcome than they would have made under calmer circumstances.