Legal Definitions - quoad reliquum

quoad reliquum is a Latin legal phrase that translates to "with regard to the remainder" or "as to the rest." It is used in legal contexts to specify that a particular action, decision, or argument pertains only to the unresolved or remaining portion of a larger matter, after some parts have already been addressed or settled.

This term helps to clarify that while certain aspects of a legal issue might be concluded or agreed upon, other aspects are still open for discussion, litigation, or determination.

Here are some examples illustrating its application:

• Contract Dispute Resolution: Imagine two companies, InnovateTech and Global Solutions, are in a dispute over a software development contract. InnovateTech claims Global Solutions owes them $500,000 for completed work and an additional $100,000 for project delays caused by Global Solutions. During mediation, Global Solutions acknowledges and agrees to pay the $500,000 for the completed work. However, they strongly contest the $100,000 claim for delays, arguing that InnovateTech was responsible for those delays. In this scenario, the $500,000 portion of the claim is settled. The legal proceedings would then continue quoad reliquum – with regard to the remaining $100,000 claim for project delays, which is still in dispute.

• Partial Judgment in a Lawsuit: Consider a lawsuit where a plaintiff has made multiple claims against a defendant, such as a claim for property damage and a separate claim for emotional distress resulting from the same incident. A court might issue a partial summary judgment, finding the defendant liable for the property damage based on clear evidence. However, the court might determine that the claim for emotional distress requires further evidence and a full trial. Here, the court has resolved one claim. The litigation would then proceed quoad reliquum – concerning the remainder of the plaintiff's claims, specifically the emotional distress claim, which still needs to be adjudicated.

• Estate Distribution: In the administration of a deceased person's estate, the executor might successfully distribute specific bequests (gifts of particular items or sums of money) to several beneficiaries as outlined in the will. However, the distribution of the residuary estate (what remains after all specific bequests, debts, and taxes are paid) might be complicated by a challenge to the will's validity regarding that specific portion. The executor has completed part of their duties. The estate administration would then continue quoad reliquum – with regard to the remainder of the estate, whose distribution is still subject to legal challenge.