Legal Definitions - non infregit conventionem

non infregit conventionem

This Latin phrase translates to "he committed no breach of covenant." Historically, it was a specific legal defense used in lawsuits where someone was accused of failing to uphold a formal agreement or promise, known as a "covenant." When a defendant entered this plea, they were asserting that they had not, in fact, broken the terms of the agreement as alleged by the plaintiff.

• Example 1: Land Use Agreement

  Imagine in 17th-century England, two landowners, Sir Reginald and Lord Alistair, had a formal covenant. Sir Reginald agreed to maintain a specific drainage ditch on his property to prevent flooding on Lord Alistair's adjacent land. If Lord Alistair later sued Sir Reginald, claiming the ditch was neglected and his fields flooded, Sir Reginald could enter a plea of non infregit conventionem. This would mean Sir Reginald was asserting that he had, in fact, maintained the ditch as per their agreement, and therefore, no breach of covenant had occurred on his part.

• Example 2: Apprenticeship Contract

  Consider a master tailor, Master Thomas, who entered into a covenant with a young man's parents, promising to teach their son the full trade of tailoring over seven years. If, after five years, the parents sued Master Thomas, alleging he had failed to teach their son specific advanced techniques as promised in the covenant, Master Thomas could respond with a plea of non infregit conventionem. His defense would be that he had diligently taught the apprentice all the agreed-upon skills and had fulfilled his obligations under the covenant, thus committing no breach.

• Example 3: Financial Obligation in a Deed

  Suppose a wealthy merchant, Mr. Davies, sold a property to a buyer, Mr. Evans, with a covenant included in the deed stating that Mr. Davies would pay an annual sum to Mr. Evans for five years to compensate for a shared well's maintenance. If, in the third year, Mr. Evans sued Mr. Davies, claiming he had not received the annual payment, Mr. Davies could use the defense of non infregit conventionem. He would argue that he had indeed made the payment on time, perhaps providing a receipt or witness, thereby asserting that he had not breached the financial covenant in the property deed.