Legal Definitions - ad abundantiorem cautelam

The Latin phrase ad abundantiorem cautelam translates to "for more abundant caution."

It refers to taking an additional step, precaution, or action that is not strictly necessary or legally required, but is done to provide an extra layer of certainty, security, or protection against potential future issues or disputes. Essentially, it means doing something extra just to be absolutely sure.

• Example 1: Real Estate Transaction

  A home buyer receives a title report that confirms the seller has clear ownership of the property. Despite this clear report, the buyer decides to purchase an owner's title insurance policy and also requests an updated property survey, even though the existing survey is relatively recent. While the title report provides sufficient legal assurance, the buyer takes these additional steps ad abundantiorem cautelam.

  This illustrates the term because the buyer is taking extra precautions (title insurance and an updated survey) beyond what is strictly necessary given the clear title report, purely to gain an additional layer of security and certainty against any unforeseen future claims or boundary disputes.

• Example 2: Corporate Governance

  A company's board of directors is considering a significant merger. They obtain a legal opinion confirming the transaction's legality and compliance with all regulations. However, to further protect the company and themselves from potential shareholder lawsuits or regulatory scrutiny, they decide to obtain a second, independent legal opinion from a different law firm, even though one opinion would legally suffice for the approval process.

  Here, the board is acting ad abundantiorem cautelam by seeking a second, non-mandatory legal opinion. This extra step provides additional assurance and demonstrates a heightened level of due diligence, aiming to prevent future challenges to their decision.

• Example 3: Legal Filing

  A lawyer needs to file a critical document with the court by a strict deadline. The court's rules specify that electronic filing is the official and legally binding method. However, after submitting the document electronically, the lawyer also sends a physical copy of the same document via overnight courier with a signature confirmation, even though it is not required by the court rules.

  This action is taken ad abundantiorem cautelam because the lawyer is employing an additional, non-essential method of delivery. This provides an extra safeguard against potential technical glitches with the electronic system or any dispute over the timely receipt of the filing, ensuring maximum certainty that the court receives the document.