Legal Definitions - ad cautelam ex superabundanti

Ad cautelam ex superabundanti is a Latin legal phrase that translates to "out of an abundance of caution" or "as an excessive precaution." It describes an action taken that is not strictly necessary or legally required, but is performed purely to ensure maximum safety, clarity, or legal protection. It implies taking an extra step to be absolutely certain, even if the primary action or existing legal framework already provides sufficient coverage.

Here are some examples to illustrate this concept:

• Example 1: Legal Filings

  Imagine a lawyer representing a client in a contract dispute. The lawyer believes they have a very strong argument based on a specific breach of contract. However, to be absolutely sure, the lawyer also includes an alternative claim for "unjust enrichment" in the lawsuit, even though it might not be strictly necessary if the contract breach is proven. This additional claim is made ad cautelam ex superabundanti.

  Explanation: The lawyer is taking an extra precaution by including a backup legal theory. While they are confident in their primary argument, the unjust enrichment claim serves as an additional safeguard, ensuring that if the court finds a technical flaw in the contract breach argument, there is still another avenue for their client to seek a remedy. It's an "just in case" measure beyond what is minimally required.

• Example 2: Contractual Clauses

  Consider a software development agreement where the contract explicitly states that the intellectual property rights for the custom software will belong to the client. Even though copyright law might automatically assign these rights to the client in such a "work for hire" scenario, the parties include this specific clause in the agreement.

  Explanation: The inclusion of this explicit clause is ad cautelam ex superabundanti. While the law might already provide for the client's ownership, spelling it out in the contract removes any potential ambiguity or future dispute, offering an extra layer of contractual certainty and peace of mind for the client.

• Example 3: Corporate Governance

  A publicly traded company is preparing for its annual shareholder meeting. The company's bylaws and regulatory requirements mandate that a notice of the meeting be sent to all shareholders via postal mail. However, the company also decides to send an additional email notification to all shareholders who have provided an email address, even though email is not a legally required method of notification for this specific purpose.

  Explanation: The company is sending the email notification ad cautelam ex superabundanti. While the postal mail fulfills all legal obligations, the email serves as an extra measure to ensure that shareholders are fully informed and have every opportunity to participate, demonstrating an abundance of caution and commitment to transparency beyond the minimum legal standard.