Legal Definitions - et alii e contra

Et alii e contra is a historical legal phrase that literally translates from Latin to "and others on the other side."

In legal proceedings, particularly in older English law, this phrase was used to signify that the parties involved in a dispute had reached a point where one side had made an assertion, and the opposing side (the "others on the other side") had formally disagreed with it. This disagreement established a specific, clear point of contention, known as a "joinder in issue," which the court then needed to resolve. It marked the moment when the core disagreement between the parties was formally identified and ready for judicial determination.

• Example 1: A Modern Property Dispute Analogy

  Imagine a scenario where a homeowner sues a construction company, claiming the company used substandard materials for a roof repair, leading to leaks. The construction company, in its defense, asserts that it used industry-standard materials and that the leaks are due to unrelated structural issues with the house. Here, the homeowner makes an assertion (substandard materials), and the construction company (the "others on the other side") formally disputes it, offering an alternative explanation. This creates a clear "issue" for the court to decide: Were the materials substandard, or was the damage due to other causes?

• Example 2: A Contractual Disagreement

  Consider two businesses, "Tech Solutions Inc." and "Global Logistics Corp." Tech Solutions Inc. sues Global Logistics Corp., alleging a breach of contract because a critical software shipment was delayed, causing significant financial loss. Global Logistics Corp. responds by stating that the contract included a force majeure clause, and the delay was caused by an unprecedented natural disaster, which excuses their performance. Tech Solutions Inc. asserts a breach, and Global Logistics Corp. (the "others on the other side") asserts an excuse. This establishes the specific "issue" for the court: Does the force majeure clause apply to this situation, thereby excusing Global Logistics Corp.'s delay?

• Example 3: Historical Court Record Context

  In a historical legal text, one might find a record of a plaintiff accusing a defendant of failing to repay a debt. The plaintiff presents evidence of the loan. The defendant, however, formally denies ever receiving the loan or claims it was already repaid. The court record might then note that the plaintiff made their claim, "et alii e contra," meaning the defendant and their party formally presented their opposing view. This notation would highlight that the central "issue" for the court to decide was whether the debt existed and was unpaid, based on the conflicting claims of the two sides.