Legal Definitions - ex incommodo

ex incommodo is a Latin phrase that historically translates to "on account of inconvenience." In legal contexts, particularly in the past, this term referred to an argument or a plea made where the primary, or sole, justification was that a particular action, outcome, or obligation would be inconvenient for one of the parties involved. Courts generally rejected such arguments, requiring more substantial legal or factual grounds than mere personal or logistical difficulty.

Here are some examples to illustrate this concept:

• Example 1: Contractual Obligations

  Imagine a software development company that has a contract to deliver a new application to a client by a specific deadline. If the company fails to meet the deadline and, when sued, argues that they should not be held liable *because it was inconvenient* for their developers to work overtime to finish the project, a court would likely dismiss this argument. The company's contractual obligation takes precedence over the inconvenience of additional work, demonstrating an argument based `ex incommodo` being rejected.

• Example 2: Procedural Requirements

  Consider a litigant who is required by court rules to file certain documents by a specific date. If they miss the deadline and then ask the judge to accept the late filing, arguing that it was *too inconvenient* for them to gather all the necessary paperwork and submit it on time due to their busy schedule, the judge would typically deny the request. Court deadlines are firm, and personal inconvenience is not a valid excuse to bypass established legal procedures, illustrating the principle of `ex incommodo`.

• Example 3: Property Rights

  Suppose a homeowner has a legal easement that allows their neighbor to drive across a small portion of their driveway to access their own garage. If the homeowner attempts to have the easement revoked, claiming that it is *inconvenient* for them to have their neighbor's car occasionally use their driveway, a court would almost certainly deny this request. The neighbor's established legal right to the easement outweighs the homeowner's personal inconvenience, which is an `ex incommodo` argument.