Legal Definitions - res non est integra

Res non est integra is a Latin legal phrase meaning that the original state of affairs is no longer intact, or the initial position has changed. It signifies that actions have been taken, or performance has occurred, either partially or completely, making it impossible or impractical to revert to the exact starting point.

This principle is often invoked when one party attempts to undo an agreement or obligation after the other party has already begun or completed their part of the bargain, making it difficult or unfair to simply pretend nothing happened.

• Example 1: Custom Manufacturing

  Imagine a small business orders 500 custom-designed coffee mugs with their unique logo from a ceramics manufacturer. The manufacturer proceeds to create the molds, print the logos, and produce 300 of the mugs. Before the remaining mugs are made or any are delivered, the small business decides to cancel the entire order, claiming they no longer need them.

  The manufacturer could argue res non est integra. The original position (blank, generic mugs or raw materials) has fundamentally changed because a significant portion of the custom order has been manufactured. These mugs are now specific to the small business and cannot easily be sold to another customer, meaning the manufacturer has already performed a substantial part of their obligation and cannot simply revert to the starting point without incurring significant loss.

• Example 2: Service Agreement

  Consider a homeowner who hires a landscaping company to completely redesign their backyard. The company spends a week clearing the old garden, installing new irrigation lines, and planting several mature trees according to the agreed-upon plan. After this work is completed, but before the final paving and lighting are installed, the homeowner decides they want to cancel the contract and hire a different company, demanding a full refund for all work done.

  The landscaping company could assert res non est integra. The backyard is no longer in its original state; significant, irreversible changes have been made through the company's partial performance. It's impossible to "un-plant" the trees or "un-install" the irrigation lines without further cost and effort, demonstrating that the initial position has been altered by the work performed.