Legal Definitions - pro bono et malo

Pro bono et malo is a Latin phrase that translates to "for good and ill." In a legal or general context, it refers to the comprehensive consideration of both the positive and negative aspects, consequences, or outcomes of a situation, decision, or action. It implies a balanced assessment that acknowledges both benefits and drawbacks, or favorable and unfavorable possibilities.

Here are some examples illustrating this concept:

• Example 1: Evaluating a New Public Policy

  A city council is debating a proposal to build a new public transportation line through a residential area. Before making a decision, they must consider the project pro bono et malo. The "pro bono" aspects might include reduced traffic congestion, improved access to jobs for residents, and environmental benefits from fewer cars. The "et malo" aspects could involve the displacement of some homeowners, increased noise pollution during construction, and the financial burden on taxpayers. The council's duty is to weigh all these positive and negative impacts to determine if the overall benefit outweighs the harm.

• Example 2: Strategic Business Acquisition

  A large technology company is considering acquiring a smaller startup known for its innovative software. The executive board will analyze the potential acquisition pro bono et malo. The "pro bono" considerations might include gaining access to cutting-edge technology, expanding their market share, and eliminating a potential competitor. The "et malo" considerations could involve the high cost of acquisition, potential difficulties in integrating the two company cultures, the risk of losing key talent from the startup, and possible regulatory scrutiny. They must assess both the advantages and disadvantages before proceeding.

• Example 3: Deciding on a Legal Settlement Offer

  In a complex civil lawsuit, the defendant offers a settlement to the plaintiff before the trial begins. The plaintiff and their legal team must evaluate this offer pro bono et malo. The "pro bono" aspects of accepting the settlement include guaranteed compensation, avoiding the stress and uncertainty of a lengthy trial, and a faster resolution to the dispute. The "et malo" aspects might be that the settlement amount is less than what could potentially be won at trial, it prevents the establishment of a legal precedent, and it means giving up the chance to fully present their case in court. The decision requires a careful weighing of these various factors.