Legal Definitions - per modum exceptionis

per modum exceptionis

This Latin phrase translates to "by way of exception." In a legal context, it describes a situation where something is treated as a deviation or an exemption from a general rule, principle, or procedure. It signifies that a particular case or action is being considered outside the usual standard because of specific, often compelling, circumstances.

Here are some examples to illustrate this concept:

• Contract Law: Imagine a jurisdiction where the general rule dictates that all contracts for the sale of land must be in writing to be legally enforceable. However, a court might, per modum exceptionis, enforce a verbal agreement for a land sale if one party has already made significant improvements to the property based on that verbal promise, and denying enforcement would lead to severe injustice. In this scenario, the court treats the verbal agreement as an exception to the usual written contract requirement due to the unique circumstances and actions of the parties involved.

• Procedural Law: Consider a court's standard procedure that all evidence must be submitted by a specific deadline before a trial begins. If a party discovers crucial, previously unavailable evidence just days before the trial, they might petition the court to allow its introduction per modum exceptionis. The court could grant this request, allowing the late submission of evidence as an exception to the usual deadline, recognizing that the new evidence is vital and could not have been presented earlier through no fault of the party.

• Administrative Regulations: A city might have a general zoning ordinance that prohibits any commercial development within a residential neighborhood. However, if a historic building in such a neighborhood requires a specific type of renovation that includes a small, integrated cafe to make the project financially viable and preserve the landmark, the city council might approve this specific commercial use per modum exceptionis. This allows a deviation from the strict residential zoning rule for this unique, historically significant project, treating it as an exception rather than applying the general prohibition.