Legal Definitions - quoad potest

Quoad potest is a Latin phrase that historically meant "insofar as one is able" or "to the extent possible." It describes a duty or obligation that is limited by an individual's or entity's capacity, resources, or practical ability to perform it. Essentially, it means that one is expected to fulfill an obligation only up to the point of their capability, not beyond what is realistically achievable.

• Example 1: Historical Feudal Obligation

  In a medieval feudal system, a vassal might have owed military service to their lord. This service was often understood quoad potest. If the vassal had a small estate and could only raise a handful of knights, they were expected to provide those knights for battle. However, if the lord demanded an army of a thousand men, which the vassal was clearly incapable of raising due to their limited resources and population, the vassal would not be considered in breach of their duty for failing to meet an impossible demand. Their obligation was limited to what they were genuinely able to provide.

  This example illustrates quoad potest because the vassal's duty to provide military service was not absolute but was constrained by their actual capacity and resources. They were expected to contribute to the best of their ability, not beyond it.

• Example 2: A Trustee's Historical Duty

  Consider a historical scenario where an individual was appointed as a trustee for an orphan's inheritance, with a duty to invest the funds wisely to ensure the child's future. This duty would be understood quoad potest. If the trustee, despite exercising reasonable diligence and seeking the best available advice at the time, made an investment that later failed due to unforeseen economic collapse, they might not be held personally liable for the loss. Their duty was to manage the funds as best they were able given the prevailing knowledge and circumstances, not to guarantee an outcome against all possible future events.

  Here, quoad potest applies because the trustee's responsibility for managing the inheritance was limited by their ability to foresee and control future economic conditions, as well as their capacity to make sound judgments based on the information available at the time.

• Example 3: A Community's Public Works Project

  Imagine a small, rural community in the past that committed to maintaining a local bridge for public use. This commitment was often understood quoad potest. The community was expected to organize its members, gather available materials, and perform repairs to the best of its collective ability. If a massive flood completely destroyed the bridge, requiring resources far beyond what the small community could ever muster (e.g., specialized engineers, heavy machinery, vast sums of money), they would not be considered negligent for failing to rebuild it immediately. Their obligation was to maintain it insofar as they were able with their limited local resources and expertise.

  This example demonstrates quoad potest by showing that the community's responsibility for maintaining the bridge was bounded by its practical capabilities, available labor, and financial resources, rather than an absolute requirement to overcome any disaster regardless of scale.