Legal Definitions - pro rata itineris

The Latin term pro rata itineris translates to "for the proportion of the journey." In Scots law, this principle refers to the entitlement to payment for a service that has been partially completed, particularly when the full service or journey could not be finished as initially agreed. It means that if a service provider has performed only a part of the agreed-upon work or covered only a portion of an intended distance, they may still be entitled to a proportional payment for the work or distance actually accomplished, rather than the full agreed-upon fee.

Here are some examples to illustrate this concept:

• Imagine a private bus company contracted to transport a group of tourists from Edinburgh to the Isle of Skye. Midway through the journey, an unexpected and severe landslide completely blocks the only road ahead, making it impossible to continue to Skye. The bus company arranges for the passengers to disembark safely at the nearest town, where they decide to make their own alternative travel plans for the rest of their trip.

  In this scenario, the bus company would be entitled to payment pro rata itineris. They completed a significant proportion of the journey, even though they couldn't reach the final destination. Their payment would be proportional to the distance they actually covered and the service they provided up to the point of the unforeseen interruption.

• Consider a specialized contractor hired to install a unique, custom-designed fence along the entire perimeter of a large rural estate, a project expected to take several weeks. After completing approximately two-thirds of the fence installation, the estate owner decides to sell the property and instructs the contractor to stop all work immediately, as the new owner has different plans.

  Here, the contractor would likely be compensated pro rata itineris. They performed a substantial proportion of the agreed-upon work (two-thirds of the fence). Even though the full project was not completed, they would be entitled to payment for the labor and materials used for the portion of the fence they successfully installed.

• Suppose a professional photographer is commissioned to cover an entire day-long corporate event, from morning setup to evening wrap-up. After several hours of photography during the main conference sessions, a sudden and unavoidable technical failure with the venue's power supply forces the event to be canceled prematurely, well before the evening activities were scheduled to begin.

  The photographer would be able to claim payment pro rata itineris. They completed a significant proportion of their contracted service by capturing the morning and afternoon sessions. Their fee would be adjusted proportionally to reflect the hours they worked and the photographic coverage they provided, rather than the full day rate for an event that was cut short through no fault of their own.