Legal Definitions - lesio enormis

Lesio Enormis is a legal principle, primarily found in civil law systems (which are based on Roman law), that addresses situations where there is an extreme and unfair imbalance in the value exchanged in a contract, most commonly a sale. It literally translates from Latin to "enormous harm" or "enormous lesion."

This principle allows a party, typically the seller, to seek relief if the price received for an item is significantly less than its true market value. Often, this "significant disparity" is legally defined as a price that is less than half of the item's actual value. The purpose of lesio enormis is to prevent gross exploitation or profound unfairness in transactions, particularly concerning real estate or other valuable assets.

Here are some examples illustrating lesio enormis:

• Example 1: Real Estate Sale

  Imagine an elderly homeowner, unfamiliar with current market trends, sells their family home for $150,000. Shortly after the sale, they discover through a real estate appraisal that comparable homes in their neighborhood are selling for $350,000. In a jurisdiction that recognizes lesio enormis, the homeowner could argue that the sale price of $150,000 is significantly less than half of the home's true market value ($350,000). This substantial difference could allow them to challenge the contract, potentially seeking to have the sale rescinded or the buyer compelled to pay a fairer price.

• Example 2: Undervalued Artwork

  A person inherits a painting and, believing it to be a decorative print, sells it to a local art dealer for $500. A few months later, the dealer has the painting authenticated and discovers it is an original work by a renowned artist, valued at $15,000. If the original seller were in a civil law jurisdiction that applies lesio enormis, they might have grounds to claim that the initial sale price of $500 was grossly inadequate, being far less than half the true value of the artwork. They could potentially seek to recover the painting or receive additional compensation to reflect its actual worth.

• Example 3: Agricultural Land Transaction

  A farmer sells a large plot of agricultural land to a developer for $100,000, believing it to be a reasonable price for farmland. Unbeknownst to the farmer, the developer had prior knowledge that the local municipality was about to rezone the land for commercial use, which would dramatically increase its value. Once rezoned, the land's market value skyrockets to $250,000. The farmer could potentially invoke lesio enormis, arguing that the initial sale price of $100,000 was less than half of the land's true value, especially considering the imminent rezoning that the buyer was aware of. This disparity could allow the farmer to seek an adjustment to the sale price or even the cancellation of the contract.