Legal Definitions - affectus sine effectu

affectus sine effectu

This Latin phrase translates to "an intention without effect." It describes a situation where someone has a clear intention or plan to do something, but that intention is never carried out, acted upon, or does not produce any actual result or consequence.

• Example 1: Business Agreement

  A small business owner intends to offer a significant discount to a loyal customer for their next purchase. However, due to a busy week, the owner forgets to send the discount code or mention it when the customer places their order. The customer pays the full price.

  Explanation: The business owner had the intention to provide a discount (the "affectus"), but this intention ultimately had no effect ("sine effectu") because the discount was never communicated or applied, and the customer paid the regular price.

• Example 2: Estate Planning

  An elderly individual expresses to their family and attorney their strong intention to create a new will that would leave a specific valuable antique to a particular grandchild. However, before the new will can be drafted and legally executed, the individual unexpectedly passes away.

  Explanation: The individual clearly had the intention to bequeath the antique to their grandchild. However, because the legal steps to formalize this intention were not completed before their death, this intention had no legal effect on the distribution of their estate, and the antique would be distributed according to the previous will or intestacy laws.

• Example 3: Property Management

  A landlord discovers a tenant has violated a minor clause in their lease agreement and initially intends to send a formal notice of violation. However, after speaking with the tenant, who promptly corrects the issue and apologizes, the landlord decides not to send the notice or pursue any further action.

  Explanation: The landlord had the intention to issue a formal notice of violation. However, because they chose not to proceed with that action, their initial intention had no effect on the tenant's official record or the lease agreement.