Legal Definitions - pro posse suo

pro posse suo is a Latin phrase that translates to "to the extent of one's power or ability." It signifies that an individual or entity is expected to fulfill an obligation, perform a duty, or meet a requirement only within the limits of what they are realistically capable of doing or what resources they genuinely possess. It acknowledges practical limitations and does not demand the impossible.

Here are some examples to illustrate this concept:

• Example 1: Contractual Obligations

  Imagine a small construction company that has signed a contract to complete a home renovation by a specific date. During the project, an unexpected and severe nationwide shortage of a critical building material occurs, making it impossible for the company to acquire the necessary supplies to finish on time. While they are obligated to complete the renovation, their ability to do so by the original deadline is now limited by factors beyond their control. If they have done everything within their power to find alternative suppliers, expedite orders, and complete all other possible aspects of the project, they are acting pro posse suo. They are fulfilling their obligation to the best of their current ability, even if that means a delay in the final completion.

• Example 2: Duty to Render Aid

  Consider a situation where a person witnesses a car accident. They have a general moral, and sometimes legal, duty to render aid to those in distress. However, this duty is understood pro posse suo. This means they are expected to help within the bounds of their personal safety, skills, and resources. For instance, they are expected to call emergency services, provide comfort, or administer basic first aid if they are trained and can do so safely. They are not expected to perform complex medical procedures they are not qualified for, or to put themselves in grave danger (e.g., entering a burning vehicle) if it exceeds their capabilities or reasonable risk tolerance. Their obligation is limited to what they can realistically and safely do.

• Example 3: Financial Responsibilities

  A court might order an individual to pay a certain amount in restitution to a victim of a crime. If, after the order is issued, the individual suffers a severe and permanent disability that prevents them from working and significantly reduces their income, they might petition the court to modify the restitution payments. The court would then assess their current financial capacity to pay pro posse suo. This means the court would consider what the individual can realistically afford given their changed circumstances, rather than demanding an amount that is now impossible for them to meet. The obligation remains, but its fulfillment is adjusted to their current ability.