Legal Definitions - answer in subsidium

The term answer in subsidium is a historical legal concept originating from the system of "equity pleading," which involved a specific set of procedures for resolving disputes in courts of equity.

It refers to a formal written response submitted by a defendant that serves to provide additional facts, arguments, or evidence to support a specific primary defense (known as a "plea") they have already presented. Essentially, it acts as a detailed backup explanation or justification for a main point of defense.

• Example 1: Contract Dispute

  Imagine a software development company (the defendant) is sued by a client (the plaintiff) for failing to deliver a project on time. The company's primary defense, or "plea," is that the client's claim is invalid because the contract was already terminated by mutual agreement before the deadline passed.

  The company would then file an answer in subsidium. This document would include copies of emails and written correspondence between the parties confirming the mutual agreement to terminate, a signed addendum to the contract outlining the termination terms, and a detailed timeline of events leading up to the termination. This additional information provides the concrete evidence and context necessary to fully support their main plea that the contract was no longer in effect.

• Example 2: Property Boundary Dispute

  Consider a situation where a homeowner (the defendant) is sued by a neighbor (the plaintiff) who claims a portion of the homeowner's backyard actually belongs to them due to an old, unrecorded agreement. The homeowner's primary defense, or "plea," is that they are the rightful owner of the entire property as described in their deed, and no such agreement exists.

  The homeowner would then submit an answer in subsidium. This might contain certified copies of their property deed and survey, historical aerial photographs showing the property lines consistently over decades, and affidavits from previous owners stating that the current boundary has always been recognized. These documents and statements serve to bolster and provide irrefutable evidence for their main plea of rightful ownership.

• Example 3: Inheritance Challenge

  Suppose a distant relative (the defendant) is challenged in court by another family member (the plaintiff) who claims the defendant unduly influenced an elderly relative to change their will, leaving a significant inheritance to the defendant. The defendant's primary defense, or "plea," is that the elderly relative was of sound mind and made their own independent decisions regarding the will.

  The defendant would then present an answer in subsidium. This could include medical records from the elderly relative's doctor confirming their mental competency at the time the will was executed, sworn statements from independent witnesses (like the lawyer who drafted the will or other caregivers) attesting to the relative's clear intentions, and evidence of the defendant's long-standing, positive relationship with the relative. All this information provides strong support for the plea that there was no undue influence.