Legal Definitions - hinc inde

Hinc inde is a Latin phrase used in legal contexts, particularly within Scots law, that translates to "on either side" or "from both sides." It typically refers to the opposing arguments, claims, or obligations presented by the different parties involved in a legal dispute, negotiation, or transaction.

Here are some examples illustrating the application of "hinc inde":

• Contractual Dispute: Imagine a situation where a software development company and a client are in disagreement over a project. The client claims the software delivered is incomplete and buggy, thus demanding a refund or further work without additional cost. Hinc inde, the software company argues that they fulfilled all contractual obligations and that any issues are due to the client's changing requirements or misuse, therefore demanding full payment for their services. The phrase "hinc inde" captures these distinct and opposing claims from both parties.

• Property Boundary Argument: Consider two neighboring landowners who disagree on the exact location of their shared property line. One neighbor presents old survey maps and historical deeds suggesting the boundary runs along a specific fence line. Hinc inde, the other neighbor provides their own survey results and anecdotal evidence from previous owners, asserting the boundary is several feet further into the first neighbor's claimed territory. "Hinc inde" describes these conflicting assertions about the property line from each side.

• Divorce Settlement Negotiations: In divorce proceedings involving asset division, one spouse might argue for a larger share of the marital home, citing their greater financial contribution to its purchase and maintenance. Hinc inde, the other spouse might counter by claiming a larger portion of the retirement accounts, emphasizing their role in childcare and household management that allowed the first spouse to advance their career. "Hinc inde" highlights the respective and often competing financial claims put forth by each party during the settlement discussions.