Legal Definitions - in rebus

The Latin phrase in rebus translates to "in things," "in cases," or "in matters." It is used in legal contexts to indicate that something exists, applies, or is considered specifically within the context of particular circumstances, facts, or practical realities of a situation.

Here are some examples to illustrate its application:

• Example 1: Contractual Obligations

  A software development contract might include a clause stating that certain performance bonuses for the development team will be calculated in rebus to the successful implementation of the core features outlined in Appendix B. This means the bonuses are specifically tied to and evaluated within the context of the completion of those particular core features, rather than the entire project or other peripheral aspects.

• Example 2: Estate Planning and Wills

  A will could specify that the executor's discretion regarding the sale of a specific piece of real estate should be exercised in rebus to the prevailing market conditions at the time of the testator's death. This indicates that the executor must consider and act according to the actual, practical market situation within the context of selling that particular property, ensuring a fair and reasonable outcome.

• Example 3: Regulatory Compliance

  A government agency might issue guidance stating that compliance with a new environmental standard for manufacturing plants will be assessed in rebus to the current technological capabilities available to the industry. This means the agency will evaluate whether a plant meets the standard by taking into account the practical, existing technological landscape and what is realistically achievable within the context of the industry's current state.