Legal Definitions - nihil capiat per breve

Nihil Capiat Per Breve

Nihil capiat per breve is a Latin legal phrase that translates to "let him take nothing by his writ." In practical terms, it refers to a judgment issued by a court that completely denies the plaintiff'sclaim, meaning the person who initiated the lawsuit receives no relief or compensation from their legal action.

This type of judgment signifies that the plaintiff has failed to prove their case to the court's satisfaction, or that their claim is legally invalid. It is a final decision against the plaintiff, indicating that they are not entitled to what they sought in their lawsuit.

• Example 1: Failed Contract Dispute

  Imagine a small business owner, Ms. Chen, sues a supplier, alleging that the supplier breached a contract by delivering substandard materials. Ms. Chen seeks financial compensation for the costs of replacing the materials and lost profits. After hearing all the evidence, the court finds that Ms. Chen could not adequately prove that the materials were indeed substandard or that the supplier violated the terms of their agreement. In this scenario, the court would issue a judgment of nihil capiat per breve, meaning Ms. Chen's lawsuit is dismissed, and she receives no damages from the supplier.

• Example 2: Unproven Personal Injury Claim

  Mr. Davies files a personal injury lawsuit against a property owner, claiming he slipped and fell due to a hazardous condition on their premises, seeking compensation for medical bills and lost wages. During the trial, Mr. Davies fails to present sufficient evidence to demonstrate that the property owner was negligent or that the alleged hazard actually caused his fall. The court, finding no basis for liability, would enter a judgment of nihil capiat per breve, thereby denying Mr. Davies any recovery for his injuries from the property owner.

• Example 3: Disputed Property Ownership

  A family, the Millers, sues their neighbors, the Johnsons, asserting that a portion of the Johnsons' backyard actually belongs to them based on an old, unrecorded deed. The Millers seek a court order to transfer ownership of that land. However, after reviewing all historical documents, property surveys, and witness testimonies, the court determines that the Millers' evidence is insufficient to establish their claim of ownership, and the Johnsons have valid title to the disputed land. The court would then issue a judgment of nihil capiat per breve, ruling against the Millers and confirming that they will not receive the property they sought.