Legal Definitions - right in personam

A right in personam (pronounced "in per-SOH-nam") is a legal right that applies to or can be enforced against a specific person or entity, rather than against a thing or against the world at large. These rights typically arise from contracts, agreements, or specific legal duties, creating a personal obligation for one party to another. If such a right is violated, the remedy is sought directly from the specific individual or entity responsible.

• Example 1: A Construction Contract

  Imagine a homeowner, Sarah, hires a specific contractor, John, to build an extension on her house. Sarah has a right in personam against John. This means she has a legal right to demand that John, and only John, performs the agreed-upon construction work according to their contract. If John fails to build the extension as promised, Sarah's legal claim for breach of contract is directed specifically at John, the individual contractor, not against the house itself or against any other builder in the world.

• Example 2: A Personal Loan

  Consider a situation where a bank lends money to a specific individual, Mark, to purchase a car. The bank holds a right in personam against Mark. This right allows the bank to demand repayment of the loan specifically from Mark. If Mark defaults on the loan, the bank's legal action to recover the money would be directed at Mark personally, seeking to compel him to fulfill his financial obligation. The bank cannot demand repayment from a random person or from the car itself (though the car might be collateral, the primary right to repayment is against Mark).

• Example 3: A Court Order for Specific Performance

  Suppose a court orders a specific artist, Maria, to complete a commissioned painting for a client, David, because the painting is unique and cannot be replicated by anyone else. David has a right in personam against Maria. This means David's right to receive the completed painting is enforceable specifically against Maria, compelling her to perform her artistic duty. The court's order creates a personal obligation for Maria to deliver the painting to David, and David's legal recourse for non-compliance is directed solely at Maria.