Legal Definitions - ad tunc

ad tunc

ad tunc is a Latin phrase meaning "then and there." In a legal context, it refers to the specific circumstances, conditions, or facts that existed at a particular point in time when an event occurred, a statement was made, or an action was taken. It emphasizes the state of affairs at that precise moment, rather than at a later time.

Here are some examples illustrating how this term applies:

• Contract Dispute:

  Imagine a situation where two business partners signed an agreement to dissolve their company. One partner later claims they were pressured into signing and did not fully understand the terms. To assess this claim, a court would need to determine the conditions ad tunc—meaning, what were the circumstances then and there, at the exact moment the contract was signed? Were there threats, undue influence, or a lack of mental capacity at that specific time?

  This example illustrates ad tunc because the legal inquiry focuses on the precise state of affairs and the parties' conditions at the very moment the agreement was executed, not on what happened before or after.

• Witness Testimony in a Criminal Case:

  Consider a witness testifying in a robbery trial, describing the suspect they saw fleeing the scene. The defense attorney might challenge the witness's ability to accurately identify the suspect by asking about the conditions ad tunc. For instance, "Was it dark then and there?" or "Were you wearing your glasses at that moment?"

  Here, ad tunc highlights the importance of understanding the environmental conditions and the witness's sensory capabilities at the exact time they observed the event, which directly impacts the reliability of their testimony.

• Property Condition Disclosure:

  Suppose a homeowner sells their house, stating in the disclosure that the roof was in good condition. A few months after the sale, a major leak develops, and the new owner discovers significant pre-existing damage. The new owner might argue that the damage existed ad tunc—meaning, it was present then and there, at the time of the sale, even if it wasn't immediately visible or disclosed.

  This example demonstrates ad tunc by focusing on the actual state of the property at the specific point in time when the sale occurred, which is crucial for determining whether the seller made an accurate representation.