Legal Definitions - pluris petitio

Pluris petitio, also known as plus petitio, is a legal term referring to a situation where a party in a lawsuit, typically the plaintiff, demands more relief or compensation than they are legally entitled to receive. This could involve asking for a greater sum of money, a larger quantity of property, or a broader scope of action than what the law or the facts of the case support.

• Example 1: Monetary Damages

  A small business owner sues a supplier for breach of contract, claiming $100,000 in lost profits due to a delayed shipment. However, their financial records and market analysis only support a loss of $40,000 directly attributable to the delay. The business owner's demand for $100,000 would be considered a pluris petitio because they are seeking more monetary compensation than they can legally prove they are owed based on the actual damages incurred.

• Example 2: Real Estate Claim

  A tenant files a lawsuit against their landlord, claiming ownership of a small shed located on the rental property, asserting that it was implicitly included in their lease agreement. However, the written lease clearly defines the leased premises as only the main house and explicitly excludes all outbuildings. The tenant's demand for ownership of the shed constitutes a pluris petitio because they are asking for control over property that is not legally part of their rental entitlement under the contract.

• Example 3: Specific Performance

  A customer commissions an artist to paint a portrait of their dog, specifying a canvas size of 16x20 inches in the written agreement. After the artist completes the painting, the customer sues, demanding that the artist repaint it on a much larger 24x36 inch canvas, claiming they "always intended" for it to be bigger. This demand for a larger painting, despite the clear contractual specification, is a pluris petitio because the customer is asking for a performance that exceeds the terms of the original, binding agreement.