Legal Definitions - placitum et conventio

The Latin phrase placitum et conventio translates to "agreement and convention." In legal contexts, particularly contract law, it refers to the fundamental principle that for a valid contract to exist, there must be a genuine "meeting of the minds" between all parties involved. This means that everyone understands and agrees to the exact same terms, conditions, and subject matter of the agreement.

Essentially, placitum et conventio ensures that there is mutual assent, meaning each party has a common understanding of what they are agreeing to. Without this shared understanding, a contract may not be legally enforceable because the parties were never truly in agreement on the core elements.

• Example 1: Purchasing a Specific Artwork

  Imagine a collector, Ms. Anya, wants to buy a painting titled "Sunset Over the Bay" by a particular artist, Mr. Ben. She sends an email to Mr. Ben offering to purchase "Sunset Over the Bay" for $10,000. Mr. Ben replies, "I accept your offer for 'Sunset Over the Bay' for $10,000."

  How this illustrates the term: In this scenario, there is clear placitum et conventio. Both Ms. Anya and Mr. Ben explicitly refer to the same painting, "Sunset Over the Bay," and agree on the same price. Their communications demonstrate a mutual understanding and agreement on the precise subject matter and terms of the sale.

• Example 2: A Misunderstanding About Delivery Services

  A small business owner, Mr. Chen, contacts a courier company, Speedy Deliveries, to arrange for the shipment of "the blue boxes" to a client. Mr. Chen intends to ship five large blue storage boxes containing sensitive documents. Speedy Deliveries, however, understands "the blue boxes" to refer to a standard service package for small blue envelopes, which they typically deliver.

  How this illustrates the term: Here, there is a lack of placitum et conventio. Mr. Chen and Speedy Deliveries have different understandings of what "the blue boxes" refers to and, consequently, the scope of the delivery service. Because their minds did not meet on the essential subject matter of the agreement, a legally binding contract for the intended service might not have been formed.

• Example 3: Agreeing on Software Development Scope

  A startup, InnovateTech, hires a software development firm, CodeMasters, to build a new mobile application. InnovateTech's proposal outlines features A, B, and C. CodeMasters responds with a detailed project plan and cost estimate that specifically addresses features A, B, and C, along with a timeline for their completion. Both parties sign the agreement.

  How this illustrates the term: This situation demonstrates strong placitum et conventio. InnovateTech clearly communicated its requirements, and CodeMasters explicitly acknowledged and agreed to develop those specific features. The signed agreement confirms that both parties share a common understanding of the project's scope, deliverables, and expectations, ensuring a "meeting of the minds" regarding the services to be provided.