Legal Definitions - jus agendi

Jus agendi is a legal term, primarily used in Scots law, that refers to an individual's inherent power or capacity to take action to pursue, assert, or defend their legal rights. It signifies the ability to initiate legal proceedings, make claims, or take other formal steps within the legal system to enforce what one is entitled to.

Here are some examples illustrating jus agendi:

• Consumer Dispute: Imagine a customer who purchased a new car, only to discover a significant manufacturing defect shortly after. The customer has a legal right to a functioning product, potentially a repair, replacement, or refund, under consumer protection laws. Their jus agendi is their power to contact the dealership, formally demand a resolution, and if necessary, file a complaint with a regulatory body or initiate a lawsuit to enforce their consumer rights and seek a remedy for the faulty vehicle.

• Property Rights: Consider a landowner whose neighbor has started construction that appears to be encroaching onto their property, violating established boundary lines. The landowner has a right to the undisturbed enjoyment of their property. Their jus agendi is their power to consult with a surveyor, send a formal cease and desist letter to the neighbor, and if the encroachment continues, pursue legal action such as seeking an injunction from a court to stop the construction and affirm their property boundaries.

• Contractual Breach: Suppose a small business entered into a contract with a supplier for a critical component, but the supplier failed to deliver on time, causing significant financial losses for the business. The business has a right to expect the supplier to fulfill their contractual obligations. Their jus agendi is their power to formally notify the supplier of the breach, demand compensation for the losses incurred, and if an agreement cannot be reached, file a lawsuit in court to recover damages resulting from the supplier's failure to perform.