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Legal Definitions - quadruplicatio

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Definition of quadruplicatio

Quadruplicatio refers to a specific stage in the formal exchange of written arguments, known as pleadings, within a lawsuit. Primarily found in historical Roman law and modern civil law systems, it represents a further response by one party to the other party's preceding argument in a multi-stage legal debate.

More specifically, it is the third defensive pleading filed by a defendant. This occurs after the plaintiff has filed their initial complaint, the defendant has filed their initial answer, the plaintiff has replied to that answer (a replicatio), the defendant has responded to the reply (a duplicatio), and the plaintiff has then responded to that (a triplicatio). The quadruplicatio is the defendant's subsequent response to the plaintiff's triplicatio, aiming to further clarify or defend their position.

Here are some examples to illustrate this concept:

  • Example 1: Contract Dispute Over Delivery

    Imagine a scenario where a manufacturing company (the plaintiff) sues a raw material supplier (the defendant) for breach of contract, claiming significant financial losses due to delayed deliveries. The supplier initially responds (their answer) by citing a force majeure clause, arguing the delay was caused by an unexpected natural disaster. The manufacturing company then replies (their replicatio), asserting that the contract required immediate notification of such events, which the supplier failed to provide. The supplier then files a duplicatio, presenting evidence that they did notify the company's purchasing department within the required timeframe. The manufacturing company counters with a triplicatio, arguing that the purchasing department was not the designated contact for such notifications according to the contract's specific terms. Finally, the supplier files a quadruplicatio, introducing a signed amendment to the contract that explicitly updated the designated contact for notifications to include the purchasing department, thereby directly addressing the manufacturing company's latest argument. This illustrates the supplier's (defendant's) third defensive pleading in the sequence.

  • Example 2: Property Boundary Encroachment

    Consider a homeowner (the plaintiff) who sues their neighbor (the defendant) over a fence that appears to encroach on their property. The neighbor's initial defense (their answer) claims they acquired the disputed strip of land through adverse possession, having maintained it for the legally required period. The homeowner replies (their replicatio), arguing that the neighbor's possession was not "hostile" because the previous owner of the homeowner's property had given explicit permission for the fence to be built there. The neighbor then files a duplicatio, asserting that the permission was only for a temporary garden structure, not a permanent fence, and thus their possession became hostile once the permanent fence was erected. The homeowner then files a triplicatio, presenting an affidavit from the previous owner confirming that the permission was indeed for the permanent fence. In response, the neighbor files a quadruplicatio, providing dated aerial photographs and construction permits that show the permanent fence was built several years *before* the alleged permission was granted, thereby challenging the homeowner's latest factual claim. This demonstrates the neighbor's (defendant's) use of a quadruplicatio to present a further defense against the plaintiff's evolving arguments.

Simple Definition

Quadruplicatio is a term from Roman and civil law referring to a specific type of pleading. It could be the defendant's third defensive pleading, following the triplicatio, similar to a rebutter in common law. Alternatively, in Roman law, it could be a plaintiff's pleading that followed the replicatio, exceptio, and triplicatio.

The law is a jealous mistress, and requires a long and constant courtship.

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