Legal Definitions - per aequipollens

Per aequipollens is a Latin legal phrase that translates to "by an equivalent." It refers to situations where an action, statement, or condition is considered legally valid or effective because it achieves the same practical result or fulfills the same purpose as another, more formal or prescribed action, statement, or condition. Essentially, it means that the substance or effect of something is recognized as sufficient, even if the exact form or method was not followed.

Here are a few examples to illustrate this concept:

• Example 1: Contractual Notice

  Imagine a rental agreement that explicitly states a tenant must provide written notice of their intent to vacate the property at least 60 days before the lease ends. However, 70 days before the lease expires, the tenant has a detailed conversation with the landlord, verbally informing them of their move-out date. Immediately after this conversation, the landlord places "For Rent" signs on the property, advertises the unit online, and schedules showings for prospective new tenants.

  In this scenario, even though the tenant did not provide a formal written notice as stipulated in the contract, the landlord's subsequent actions (placing signs, advertising, scheduling showings) demonstrate that they received and acted upon the equivalent of a formal written notice. The practical effect of the verbal communication was the same as if a written notice had been delivered, thus potentially satisfying the notice requirement "per aequipollens."

• Example 2: Regulatory Compliance

  Consider a building code that mandates all public restrooms must have touchless faucets to promote hygiene. A new commercial building is constructed, and instead of touchless faucets, it installs traditional faucets that are equipped with an advanced, automatic sterilization system that cleans the faucet handles after every use, achieving a demonstrably higher level of hygiene than standard touchless faucets.

  While the building did not install the exact "touchless faucets" specified, the installed system achieves an equivalent, and arguably superior, level of hygiene and public health protection, which is the underlying purpose of the regulation. A building inspector might approve this installation "per aequipollens" because the spirit and goal of the regulation are met, even with a different technical solution.

• Example 3: Testamentary Intent

  A person's will specifies that their valuable collection of rare books should be inherited by their niece, Sarah. Before the person passes away, they give the entire collection directly to Sarah, explaining, "I want you to have these now, just as I've written in my will."

  In this case, the direct gift of the books to Sarah, accompanied by the clear statement of intent that aligns with the will's provision, could be considered "per aequipollens" to the formal transfer through the probate process after death. The practical outcome—Sarah receiving the book collection as intended—is achieved by an equivalent action during the testator's lifetime, reflecting their clear and consistent wishes.