Legal Definitions - ex abundanti cautela

Ex abundanti cautela is a Latin phrase that translates to "out of abundant caution" or "from an excess of caution." It describes actions taken that go beyond what is strictly necessary or legally required, simply to ensure maximum safety, prevent any potential issues, or avoid any doubt.

It signifies taking extra precautions or steps, not because they are mandated, but because one wants to be absolutely sure that a particular outcome is achieved or that no adverse consequences arise.

• Example 1: Business Contract Language

  A software development company drafting a contract for a new client includes a clause stating that all intellectual property developed during the project will explicitly belong to the client, even though standard copyright law would likely grant ownership to the client by default in this type of "work for hire" agreement. This additional, explicit statement is included ex abundanti cautela to eliminate any possible ambiguity or future dispute regarding ownership, ensuring absolute clarity for both parties.

• Example 2: Property Transaction

  When selling a piece of land, the seller's attorney advises them to obtain a new, updated property survey, even though a survey from five years ago is available and generally considered sufficient for the transaction. The attorney recommends the new survey ex abundanti cautela to ensure that there have been no recent encroachments, boundary changes, or previously undiscovered easements that could complicate the sale or create future liability for the seller.

• Example 3: Regulatory Compliance

  A pharmaceutical company, when submitting a new drug for regulatory approval, decides to conduct an additional, optional clinical trial phase that is not strictly required by the regulatory body's guidelines, but provides further data on long-term patient outcomes. This extra trial is undertaken ex abundanti cautela to strengthen their application, demonstrate an exhaustive commitment to safety, and proactively address any potential concerns the regulators might raise, even if unstated.