Legal Definitions - alio intuitu

Alio intuitu is a Latin legal term meaning "under a different aspect" or "in a different view." It is used to indicate that something is being considered or applied for a purpose, context, or set of circumstances different from its original or primary intention.

Here are some examples to illustrate this concept:

• Imagine a city council meeting where a new zoning regulation is being discussed. The primary purpose of this regulation is to control the types of buildings allowed in specific areas, for instance, preventing industrial factories from being built in residential neighborhoods. If a council member attempts to use this zoning regulation alio intuitu to argue against a proposed public park, claiming it will attract too many people and increase traffic, they would be misapplying the regulation. The zoning law's original intent is about land use types, not about managing the social impact or traffic flow of public amenities, which would typically fall under different planning considerations.

  This illustrates alio intuitu because the zoning regulation, designed for one specific purpose (land use types), is being invoked for a different, unrelated purpose (managing social impact and traffic of a park).

• Consider a contract between a software company and a client for the development of a custom application. The contract specifies the technical requirements, delivery schedule, and payment terms. If, during a dispute, the client tries to use a clause in the contract that outlines the software's technical specifications alio intuitu to argue that the software company is responsible for providing ongoing IT support for the client's entire network, they would be misinterpreting the contract. The technical specifications clause is about the product being built, not about a broader service agreement for general IT maintenance.

  Here, alio intuitu applies because a specific contractual provision, intended to define the product, is being used to try and establish an obligation for a different service (general IT support) that was not the original focus of that clause.

• Suppose a university's academic integrity policy clearly defines plagiarism and the penalties for submitting plagiarized work. This policy is designed to ensure students produce original work and uphold academic honesty. If a student who was caught cheating on an exam attempts to use this plagiarism policy alio intuitu to argue that their actions should be excused because the policy doesn't explicitly mention "cheating" as a separate offense, they would be misapplying the policy. While cheating and plagiarism are related to academic integrity, the specific definitions and procedures for each might be distinct, or "cheating" might be covered under a broader umbrella of academic misconduct, even if not explicitly listed in the plagiarism section.

  This example demonstrates alio intuitu because the student is trying to interpret a policy designed for one specific type of academic misconduct (plagiarism) to either excuse or redefine a different type of misconduct (cheating), rather than addressing the cheating offense directly under its appropriate rules.