Legal Definitions - absolvitor

An absolvitor is a term used in Scots law (the legal system of Scotland) to describe a judgment or decision made by a court in a civil case that completely clears the defender (the person or entity being sued) of the claims brought against them. It means the court has found entirely in favor of the defender, dismissing the action and effectively stating that the pursuer (the person bringing the lawsuit) has not proven their case.

• Example 1 (Contract Dispute): Imagine a small software development firm, "Tech Solutions," sues a client, "Global Corp," in a Scottish court, claiming Global Corp failed to pay for custom software development as per their contract. Global Corp, the defender, argues that the software delivered did not meet the agreed-upon specifications and was unusable. After hearing all the evidence, the court agrees with Global Corp, finding that Tech Solutions did not fulfill its contractual obligations. The court issues an absolvitor, meaning Global Corp is not liable for the payment and is completely cleared of the claim.

• Example 2 (Property Dispute): Consider a situation where Ms. Henderson sues her neighbor, Mr. Wallace, in a Scottish court, alleging that Mr. Wallace's new fence encroaches upon her property by several feet. Mr. Wallace, the defender, presents historical land deeds and surveyor reports demonstrating that the fence is correctly placed on his side of the boundary line. The court reviews the evidence and concludes that Ms. Henderson's claim of encroachment is unfounded. The judgment in favor of Mr. Wallace is an absolvitor, confirming he is not liable for any encroachment and his fence can remain as built.

• Example 3 (Professional Negligence Claim): A client, Mr. Davies, sues his former financial advisor, Ms. Campbell, in Scotland, alleging professional negligence led to significant investment losses. Mr. Davies claims Ms. Campbell provided unsuitable advice. Ms. Campbell, the defender, presents evidence showing that she provided comprehensive advice tailored to Mr. Davies' stated risk tolerance and that the losses were due to unforeseen market fluctuations, not her negligence. The court, after considering all arguments, finds that Ms. Campbell acted professionally and did not breach her duty of care. The court's decision to dismiss the claim against Ms. Campbell is an absolvitor, fully exonerating her from the accusation of negligence.