Legal Definitions - in consideratione praemissorum

In consideratione praemissorum is a Latin legal phrase that translates to "in consideration of the premises." In this context, "premises" refers to everything that has been stated, described, or agreed upon earlier in a legal document or discussion. Essentially, it means "taking into account all the preceding facts, terms, or conditions." This phrase often introduces a conclusion, decision, or action that is directly based on the information that came before it.

Here are some examples to illustrate its use:

• Contract Amendment: Imagine a business contract for software development. After several months, the client and developer agree to expand the project scope. An amendment document might state: "Whereas the parties previously agreed to the scope outlined in the original contract, and whereas the client has now requested additional features detailed in Appendix A, now therefore, in consideratione praemissorum, the parties agree to adjust the project timeline and payment schedule as follows..."

  This illustrates the term because the decision to adjust the timeline and payment is made "in consideration of the premises," meaning it is based on and directly responsive to the previously detailed facts: the original agreement and the newly requested additional features.

• Court Order or Judgment: A judge issues an order after reviewing evidence and arguments presented during a trial. The order might begin: "Having reviewed the submitted evidence, heard testimony from all parties, and considered the legal arguments presented by counsel, the Court, in consideratione praemissorum, hereby orders that the defendant shall pay damages totaling $50,000 to the plaintiff."

  Here, the judge's decision to order the defendant to pay damages is made "in consideration of the premises," meaning it is based on all the evidence, testimony, and legal arguments that were presented and discussed earlier in the court proceedings and summarized in the initial parts of the order.

• Real Estate Deed: A property deed might describe the history of ownership and any existing encumbrances. When transferring the property, a clause might state: "Whereas John Doe is the rightful owner of the property described herein, and whereas Jane Smith desires to purchase said property for valuable consideration, now therefore, in consideratione praemissorum, John Doe conveys and warrants title to Jane Smith, her heirs, and assigns forever."

  This demonstrates the term because the act of conveying the property title is done "in consideration of the premises," meaning it is based on the previously stated facts that John Doe owns the property and Jane Smith wishes to buy it. The transfer is a direct outcome of these preceding conditions and facts.