Legal Definitions - quoad

quoad

quoad is a Latin term meaning "as regards," "with regard to," or "in respect of." It is used in legal contexts to specify the particular aspect, extent, or limitation to which a statement, rule, or action applies. It helps to clarify that something is true or applicable only in relation to a certain matter or party, rather than universally.

• Corporate Governance:

  Scenario: A company's board of directors has broad authority to manage the business. However, certain decisions might require specific approvals or be subject to particular restrictions.

  Illustration: "The CEO has full operational control over the company, but quoad major capital expenditures exceeding $1 million, board approval is strictly required."

  Explanation: This means that while the CEO generally manages operations, "with regard to" or "in respect of" large financial outlays, their authority is limited, and the board's approval becomes necessary.

• Property Rights:

  Scenario: A person owns a piece of land, but there might be specific rights or limitations affecting only a portion of it.

  Illustration: "A homeowner possesses the entire property deed, but quoad a specific strip of land along the boundary, the local utility company holds an easement for maintenance of underground pipes."

  Explanation: Here, the homeowner's full ownership applies to the whole property, but "as regards" or "in respect of" that particular strip, the utility company has a legal right to access it, limiting the homeowner's exclusive control over that specific area.

• Contractual Validity:

  Scenario: A contract might contain multiple clauses, some of which could be legally sound while others might not be enforceable.

  Illustration: "The entire employment contract is generally valid and binding, but quoad the non-compete clause, it was found to be overly broad and therefore unenforceable by the court."

  Explanation: This indicates that the contract as a whole remains effective, but "with regard to" or "in respect of" the specific non-compete clause, that particular part of the agreement is not legally enforceable due to its excessive scope.