Legal Definitions - in pais

in pais

The term in pais refers to something that occurs or exists outside of formal legal proceedings or a court of law. It describes actions, facts, or agreements that happen privately between individuals or parties, without any direct involvement from a judge, court, or official legal process at the time they occur.

Here are some examples illustrating the concept of in pais:

• Negotiating a Business Deal: Imagine two companies discussing the terms of a merger or a supply contract. All the meetings, emails, phone calls, and drafting of the agreement happen directly between their representatives and legal teams, without any court oversight. These negotiations and the resulting agreement are considered in pais because they are conducted entirely outside of a courtroom or formal legal dispute resolution process.

  This illustrates in pais because the entire process, from initial discussions to signing the final contract, takes place privately between the parties involved, independent of any judicial intervention.

• Neighborly Agreement on a Property Line: Two neighbors might have an informal discussion and mutually agree on where their shared property boundary lies, perhaps deciding to build a fence along that agreed-upon line. They don't involve surveyors, lawyers, or a court to formally establish the boundary or resolve a dispute. Their agreement and subsequent actions are entirely between them.

  This illustrates in pais because the agreement and the physical act of building the fence occur solely between the neighbors, without any formal legal action or court involvement to determine the boundary.

• Verbal Promise Leading to Action: A landlord might verbally assure a tenant that they can install new shelving in their apartment and will not be charged for any damage when they move out. Based on this promise, the tenant spends money and effort to install the shelves. The landlord's promise and the tenant's subsequent action occur outside of any formal legal document or court order.

  This illustrates in pais because the landlord's assurance and the tenant's reliance on it are events that happen informally between the parties, not within the context of a lawsuit or court proceeding. If a dispute later arises, these "in pais" facts might become legally significant.