Legal Definitions - quocumque modo velit, quocumque modo possit

The Latin phrase quocumque modo velit, quocumque modo possit translates to "in any way he wishes, in any way he can."

This legal principle signifies that an individual, entity, or authority has broad discretion and the necessary power to achieve a particular objective. It implies that they are not restricted to specific methods but can employ any means they desire and are capable of utilizing to fulfill a duty, exercise a right, or accomplish a task.

Here are some examples illustrating this concept:

• Contractual Fulfillment: Imagine a construction company that has agreed to build a new community center. The contract might specify that the company must complete the project "quocumque modo velit, quocumque modo possit" by a certain date. This means the company has the flexibility to choose its preferred subcontractors, adjust its work schedule, or source materials from various suppliers, using any methods it deems most efficient and feasible, as long as the center is completed on time and to the agreed specifications.

  Explanation: The company is given wide latitude to decide how it will achieve the contractual goal (any way it wishes) and is presumed to have the resources and capability to do so (any way it can).

• Trustee Powers: In an estate plan, a trust document might grant a trustee the power to manage and distribute assets to beneficiaries "quocumque modo velit, quocumque modo possit." If a beneficiary needs funds for medical expenses, the trustee could choose to pay the hospital directly, reimburse the beneficiary, or provide a lump sum, using any available financial instrument or method, as long as it serves the beneficiary's needs and aligns with the trust's purpose.

  Explanation: The trustee is empowered to use their judgment and all available means to fulfill their duties to the beneficiaries, exercising both their desired approach and their practical capabilities.

• Governmental Enforcement: A regulatory agency tasked with ensuring public safety might be authorized to investigate and mitigate hazards "quocumque modo velit, quocumque modo possit." If a factory is found to be polluting, the agency could choose to issue fines, mandate specific equipment upgrades, or temporarily shut down operations, employing any investigative techniques and enforcement actions within its legal authority to resolve the issue effectively.

  Explanation: The agency has the discretion to select the most appropriate and effective methods (as it wishes) and the legal authority and resources to implement them (as it can) to achieve its public safety mandate.