Legal Definitions - onerari non

Onerari non is a historical legal phrase from Law Latin that translates to "ought not to be charged" or "should not be burdened."

Historically, this phrase was used in common lawpleading, particularly by a defendant in a debt action, to introduce a plea asserting that they should not be held liable for the debt claimed by the plaintiff. It signaled that the defendant had a valid reason or defense explaining why they were not obligated to pay or fulfill the alleged duty.

Here are some examples illustrating the concept of onerari non:

• Imagine a scenario where a merchant, Mr. Henderson, sues a customer, Ms. Davies, for an unpaid bill for goods delivered. Ms. Davies, in her defense, presents receipts showing that she had already paid the full amount for the goods several weeks prior to the lawsuit. Her plea would effectively be an assertion of onerari non, arguing that she "ought not to be charged" with the debt because she has already fulfilled her financial obligation.

  This example illustrates onerari non because Ms. Davies is asserting that she should not be held responsible for the debt, as the obligation has already been discharged through payment. Her defense directly counters the claim that she is still burdened by the debt.

• Consider a situation where a landlord, Mr. Chen, attempts to collect rent from a former tenant, Ms. Rodriguez, for a period after she had legally vacated the property and her lease had expired. Ms. Rodriguez would respond by stating that she "ought not to be charged" for rent during that period, as she was no longer a tenant and had no contractual obligation to pay. She might present her lease termination agreement and proof of moving out.

  Here, onerari non applies because Ms. Rodriguez is arguing that the legal basis for the charge (the tenancy agreement) no longer exists for the period in question, and therefore she should not be burdened with the financial demand.

• Suppose a bank attempts to collect on a very old loan from Mr. Thompson, a loan that was taken out many decades ago. Mr. Thompson's legal counsel might argue that the claim is barred by the statute of limitations, a law that sets a maximum time after an event within which legal proceedings may be initiated. In this context, Mr. Thompson's defense would be an assertion of onerari non, meaning he "ought not to be charged" with the debt because the legal window for enforcing it has long closed.

  This example demonstrates onerari non as Mr. Thompson is claiming that, due to a legal time limit, he is no longer legally obligated or "burdened" by the debt, regardless of whether it was originally owed.