Legal Definitions - nolens volens

The term nolens volens is a Latin phrase meaning willing or unwilling, or whether one likes it or not. It describes a situation where an action must be taken, or an outcome must be accepted, regardless of personal desire, preference, or consent. It implies compulsion or necessity.

Here are some examples to illustrate this concept:

• Imagine a local business that has been found in violation of environmental regulations. A government agency issues a cease and desist order, requiring the business to immediately stop certain operations and implement costly new pollution control measures. The business owner, nolens volens, must comply with the order, even if it significantly impacts their profitability and operational plans, because the legal mandate leaves them no choice.

  This example demonstrates nolens volens because the business owner is compelled by a regulatory authority to take specific actions, irrespective of their personal willingness or the financial burden involved.

• Consider a situation where a city council votes to approve a new public park project that requires the acquisition of several private properties through eminent domain. While some property owners may be happy to sell, others are deeply attached to their homes and do not wish to move. However, once the eminent domain process is legally completed and compensation is offered, these unwilling owners must, nolens volens, vacate their properties to allow for the public project to proceed.

  Here, nolens volens applies to the property owners who are forced to relinquish their land due to a governmental power, even though they are personally unwilling to do so.

• A company's board of directors votes to approve a merger with another corporation. One particular board member strongly disagrees with the decision, believing it is not in the company's best long-term interest. Despite their strong objections, once the majority vote is cast and the decision is legally binding, that board member must, nolens volens, support the merger publicly and act in accordance with the board's collective decision, as per their fiduciary duties.

  This illustrates nolens volens because the board member, despite personal opposition, is bound by the collective, legally sanctioned decision of the board and must act accordingly.