Legal Definitions - pro omni alio onere

Pro omni alio onere is a historical Latin legal phrase meaning "for every other burden." It was used in medieval charter clauses to explicitly limit a vassal's duties solely to those specified within the charter, thereby excluding any other unstated obligations.

Pro omni alio onere is a historical Latin legal phrase that translates to "for every other burden." It refers to a principle, commonly found in ancient charters and agreements, which served to explicitly limit a party's obligations or duties only to those specifically listed or described within the document. In essence, it acted as a protective clause, ensuring that no additional, unstated responsibilities could be imposed beyond what was formally agreed upon. While originating in medieval land law, the underlying concept of clearly defining and limiting obligations is a fundamental principle in many modern contracts and agreements.

Here are some examples illustrating this concept:

• Example 1: Software Development Contract

  Imagine a small business hires a software company to develop a new e-commerce website. The contract explicitly states that the software company's responsibilities include "designing the user interface, coding the back-end functionality, and integrating a payment gateway." The contract also contains language implying that these are the only duties. After the website is launched, the business owner asks the software company to also manage their social media marketing and create weekly blog posts.

  How it illustrates the term: The software company could invoke the principle of pro omni alio onere. Their contractual obligations are strictly limited to the website development tasks explicitly listed. Managing social media and writing blog posts are "other burdens" not included in the original agreement, and therefore, they are not obligated to perform them without a new agreement or amendment.

• Example 2: Home Renovation Agreement

  A homeowner hires a contractor to renovate their kitchen. The detailed contract specifies the scope of work as "demolishing existing cabinets, installing new cabinetry, replacing countertops, and tiling the backsplash." During the renovation, the homeowner asks the contractor to also repaint the adjacent living room and repair a leaky faucet in the bathroom.

  How it illustrates the term: The contractor's duties are defined by the kitchen renovation tasks in the agreement. Repainting the living room and repairing a bathroom faucet are "other burdens" that fall outside the explicitly agreed-upon scope of work. The contractor is only obligated to perform the duties listed in the contract, reflecting the pro omni alio onere principle.

• Example 3: Event Staffing Agreement

  A university hires temporary staff for its annual graduation ceremony. The agreement for these staff members clearly outlines their duties as "ushering guests to their seats, distributing programs, and assisting with crowd control." On the day of the event, the event coordinator asks the temporary staff to also set up all the chairs and tables for the post-ceremony reception and clean up the entire venue afterward.

  How it illustrates the term: The temporary staff's responsibilities are precisely limited to ushering, distributing programs, and crowd control. Setting up and cleaning up the reception area are "other burdens" not specified in their staffing agreement. Under the principle of pro omni alio onere, they are only obligated to perform the tasks explicitly agreed upon, not these additional, unstated duties.