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Legal Definitions - quoad ultra
Definition of quoad ultra
Quoad ultra is a historical legal phrase derived from Latin, meaning "with regard to the rest" or "as to the remainder."
In traditional legal pleading, particularly in common law systems, this phrase was used by a party (often a defendant) to clearly state that while they admitted certain specific allegations or parts of an opposing party's claim, they expressly denied or disputed all other aspects of that claim. It provided a concise way to make a partial admission while reserving the right to contest everything else.
Here are some examples illustrating how quoad ultra would have been applied:
- Contract Dispute: Imagine a plaintiff sues a construction company, alleging they failed to complete a project on time, used inferior materials, and caused additional damage to the property. The construction company might respond by admitting that the project was indeed delayed due to unforeseen supply chain issues, but quoad ultra, they would deny using inferior materials or causing any property damage, asserting that all materials met contract specifications and any damage was pre-existing.
- Explanation: The company admits to the delay (one part of the claim) but denies "the rest" of the allegations concerning materials and damage.
- Debt Collection Case: A bank files a lawsuit against a borrower for an outstanding loan balance of $75,000, including principal, accrued interest, and late fees. The borrower might file a response admitting that they owe the principal amount of $75,000, but quoad ultra, they would dispute the calculation of the interest and the imposition of certain late fees, arguing these were not applied correctly according to the loan agreement.
- Explanation: The borrower acknowledges the core debt (part of the claim) but denies "the rest" of the claim related to specific interest and fee calculations.
- Property Boundary Dispute: Consider a scenario where one homeowner sues a neighbor, claiming the neighbor's newly built shed encroaches two feet onto their property and that the neighbor also cut down a valuable ornamental shrub on the plaintiff's side of the boundary. The neighbor might admit that, based on a recent survey, the shed might slightly cross the property line, but quoad ultra, they would deny cutting down the shrub, stating it was already diseased and removed by a separate landscaping crew.
- Explanation: The neighbor admits to a potential boundary issue (part of the claim) but denies "the rest" of the accusation regarding the shrub.
Simple Definition
Quoad ultra is a historical Latin legal term meaning "with regard to the rest." It was commonly used in pleading when a defendant admitted a specific part of the plaintiff's claim but denied all other aspects or the remainder of the claim.