Legal Definitions - in nudis terminis

in nudis terminis

This is a Latin legal phrase meaning "in its bare terms" or "in its simplest form." When something is considered in nudis terminis, it means looking strictly at what is explicitly stated, without adding any interpretation, assumptions, implied meanings, or additional context. It focuses solely on the literal words or conditions as they appear, stripped of any embellishment or deeper analysis.

Here are some examples to illustrate this concept:

• Example 1: A Basic Rental Agreement

  Imagine a very short rental agreement that states only: "Tenant agrees to pay $1,000 per month for the use of the property located at 456 Oak Avenue."

  How it illustrates the term: This agreement, taken in nudis terminis, only specifies the rent amount, the property, and the parties involved. It doesn't include details about utilities, maintenance responsibilities, pet policies, lease duration, or termination clauses. It presents only the most fundamental condition of the rental, without any further elaboration or context that would typically be found in a comprehensive lease.

• Example 2: A Direct Legislative Mandate

  Consider a new law that simply states: "All public parks shall close at sunset."

  How it illustrates the term: This legislative mandate, viewed in nudis terminis, provides a clear and direct instruction. It doesn't explain the rationale behind the closing time (e.g., safety concerns, noise reduction), the penalties for non-compliance, or who is responsible for enforcement. It is presented in its barest form, stating only the rule itself without any accompanying details or justifications.

• Example 3: A Simple Business Offer

  A company sends an email stating: "We offer to purchase 100 units of Product X for $50 per unit."

  How it illustrates the term: This offer, considered in nudis terminis, presents only the core components of a potential transaction: the quantity, the item, and the price. It omits crucial details such as delivery schedules, payment terms, warranty information, quality specifications, or dispute resolution mechanisms. It is the most basic expression of intent to buy, without any of the complexities typically involved in a full commercial agreement.