Legal Definitions - absque hoc

Absque hoc is a Latin legal phrase meaning "without this" or "except for this." It is an archaic term that was historically used in common-law pleading to introduce a specific denial of a particular allegation made by the opposing party.

In essence, when a party used "absque hoc," they were specifically refuting one part of a claim while potentially accepting or not challenging other parts. It served as a formal way to pinpoint and deny a crucial element of an opponent's argument.

• Example 1: Contract Dispute

  Imagine a scenario where a building contractor (Plaintiff) sues a homeowner (Defendant), claiming the homeowner failed to pay for a completed renovation project. The contractor's pleading might state, "The Defendant owes $50,000 for the completed renovation, which included custom cabinetry and new flooring." If the homeowner wanted to specifically deny the custom cabinetry was ever installed or was part of the agreed-upon work, their legal response might have historically included a phrase like, "absque hoc, that the renovation included custom cabinetry."

  This illustrates "absque hoc" by allowing the homeowner to specifically deny the claim regarding custom cabinetry, while perhaps not denying that a renovation occurred or that some payment was due for other aspects of the work.

• Example 2: Property Boundary Dispute

  Consider a situation where a landowner (Plaintiff) sues a neighbor (Defendant), alleging that the neighbor trespassed onto their property on June 1st and cut down a valuable oak tree. The neighbor might admit to being on the property on June 1st (perhaps they had permission to retrieve a ball), but strongly deny cutting down the tree. Their formal denial might have used the phrase, "absque hoc, that the Defendant cut down a valuable oak tree."

  Here, "absque hoc" allows the neighbor to specifically deny the act of cutting down the tree, without necessarily denying their presence on the property on the specified date, thereby narrowing the issue for the court.

• Example 3: Defamation Claim

  Suppose a professional (Plaintiff) sues a former colleague (Defendant) for defamation, alleging that the colleague made a false statement to their employer on July 15th, claiming the professional mishandled client funds, which led to the professional's termination. The former colleague might admit to making a statement to the employer on July 15th, but deny that the statement was false or that it was the direct cause of the professional's termination. Their pleading could have included, "absque hoc, that the statement made on July 15th was false or caused the Plaintiff's termination."

  This example demonstrates "absque hoc" by allowing the defendant to specifically challenge the falsity of the statement or its causal link to the termination, while acknowledging that a statement was indeed made.