Legal Definitions - nil debet

Nil debet is a historical legal defense, originating from Latin, meaning "he owes nothing." In past legal systems, it was a comprehensive plea used by a defendant in lawsuits where one party claimed another owed them money based on a simple agreement or contract. When a defendant pleaded "nil debet," they were making a broad denial of the alleged debt. This allowed them to argue not only that no valid contract ever existed to create the debt, but also that even if there was an agreement, they were excused from paying, or the debt had already been discharged for various reasons.

Here are some examples illustrating how "nil debet" would have applied:

• Scenario 1: Disputed Services

  Imagine a homeowner verbally agrees to pay a gardener $500 to completely re-landscape their front yard. After the gardener finishes, the homeowner refuses to pay, claiming the work was only partially completed and done poorly, not at all what was agreed upon. If the gardener were to sue the homeowner for the $500, the homeowner could historically have pleaded nil debet.

  This illustrates nil debet because the homeowner is asserting that they owe nothing. They are not just denying the existence of a contract, but also arguing that even if a verbal agreement existed, the gardener's failure to perform the work as promised (or to a satisfactory standard) excuses them from the obligation to pay, thereby discharging any potential debt.

• Scenario 2: Repaid Loan

  Consider a situation where one friend lends another friend $200 in cash, with a simple understanding that it will be repaid next month. There's no written agreement. When the lender later asks for the money back, the borrower claims they already repaid the $200 in cash a week ago. If the lender were to sue for the $200, the borrower could historically have pleaded nil debet.

  This illustrates nil debet because the borrower is asserting they owe nothing. Their defense isn't that the loan never happened, but rather that the debt, once incurred, has already been discharged through repayment. This plea would allow them to present evidence of the cash repayment.

• Scenario 3: Goods Not Received

  A small business owner places a verbal order with a local supplier for 50 custom-printed t-shirts. The supplier sends an invoice for the t-shirts, but the business owner never received the delivery. When the supplier demands payment, the business owner refuses. If the supplier were to sue for the cost of the t-shirts, the business owner could historically have pleaded nil debet.

  This illustrates nil debet because the business owner is claiming they owe nothing. They are arguing that the supplier failed to fulfill their part of the simple contract (delivery of the goods), which means the business owner's obligation to pay was never properly triggered or is excused due to the supplier's non-performance.