Legal Definitions - rebus integris

Rebus integris is a legal principle, primarily found in Scots law, that refers to a situation where matters are still in their original state, meaning no actions or performance have yet taken place to fulfill an agreement or obligation. It signifies that a situation remains "whole" or "untouched" because no steps have been taken to carry out what was agreed upon.

This principle is often relevant when considering whether an agreement can be easily withdrawn from or altered without significant legal consequences, precisely because no party has started to act on it.

• Example 1: A Consulting Agreement

  Imagine a small business owner hires a marketing consultant to develop a new advertising strategy. They sign a contract outlining the scope of work and fees. However, before the consultant sends any initial proposals, conducts any research, or dedicates any time to the project, the business owner decides to pivot their business model and no longer needs the service. Because no performance has taken place by the consultant, the situation is considered rebus integris. This might allow the business owner to rescind the contract without penalty, as the consultant has not yet invested any effort or resources into fulfilling their part of the agreement.

• Example 2: A Property Lease

  A tenant signs a lease agreement for a new apartment, but the move-in date is several weeks away. Before they pay the security deposit, pick up the keys, or move any belongings into the unit, they receive an unexpected job offer in a different city. Since no steps have been taken to occupy the property or initiate the tenancy, the lease situation is rebus integris. This could make it simpler for the tenant to withdraw from the lease agreement, potentially with less financial liability than if they had already moved in or paid the deposit.

• Example 3: A Custom Order for Goods

  A customer places a custom order for a unique piece of furniture from a craftsman, agreeing on the design and price. The craftsman acknowledges the order but has not yet purchased any materials, started cutting wood, or begun any part of the manufacturing process. If the customer then changes their mind and cancels the order at this very early stage, the situation is rebus integris. Because the craftsman has not yet performed any work or incurred any costs specific to that order, it might be straightforward for the customer to cancel without significant financial obligation for the craftsman's time or materials.