Legal Definitions - et sic

The Latin phrase et sic, meaning "and so," was an archaic legal term used in specific types of legal arguments. Historically, it served as an introductory phrase for a special conclusion within a "plea in bar." A plea in bar is a defense that, if proven, completely defeats the plaintiff's claim, preventing any further action on that claim.

The primary purpose of using et sic was to ensure that the concluding statement of the defense was presented as a direct, positive assertion of fact, rather than an argumentative inference drawn from the facts previously stated. This made the defense clear, unequivocal, and not open to interpretation as merely a suggestion or an argument. This phrase is no longer used in modern legal practice.

• Example 1 (Property Dispute):

  Imagine a historical lawsuit concerning the ownership of a parcel of land. The defendant, asserting their rightful claim, might present a series of facts in their defense: "The land was conveyed to my great-grandfather by deed in 1720, and his family has continuously occupied and improved it since that time. All property taxes have been diligently paid by my ancestors and myself for over two centuries." To conclude this defense with a direct statement of ownership, the defendant would then add: "et sic, the defendant is the lawful and rightful owner of the said parcel of land."

  Explanation: Here, "et sic" introduces the definitive statement of ownership. It transforms the preceding historical facts and actions into a positive, unequivocal declaration of the defendant's right, ensuring the defense is understood as a direct assertion rather than merely an argument based on the presented history.

• Example 2 (Contract Performance):

  Consider an old case where a defendant was accused of breaching a contract to deliver a specific quantity of goods by a certain date. The defendant's plea might detail their actions: "On the agreed-upon date, the full quantity of goods was prepared and loaded onto the designated transport. The plaintiff's agent was duly notified of the readiness for delivery, and the transport attempted to deliver the goods to the specified location, but delivery was refused by the plaintiff's employees without cause." To present this as a direct statement of fulfilling their obligations, the defendant would conclude: "et sic, the defendant fully performed all obligations under the contract."

  Explanation: In this scenario, "et sic" serves to introduce the definitive statement that the contract was fulfilled. It ensures that the defense is understood as a positive assertion of performance, directly countering the accusation of breach, rather than leaving it as an inference from the detailed account of attempted delivery.

• Example 3 (Debt Satisfaction):

  In a historical debt collection case, a defendant might plead that the debt had already been paid. Their defense could outline the payments made: "On May 10th, 1785, a payment of fifty pounds was made by my agent to the plaintiff's clerk, and a receipt was issued. On June 15th, 1785, a final payment of twenty-five pounds was made directly to the plaintiff, which completed the agreed sum." To finalize their defense as a direct statement of fact that the debt no longer exists, they would add: "et sic, the debt claimed by the plaintiff has been fully satisfied."

  Explanation: By using "et sic," the defendant makes a positive and direct declaration that the debt is no longer outstanding. This prevents the court from having to infer satisfaction solely from the payment details; instead, it is presented as an unambiguous statement of the defense, making it positive and not argumentative.