Legal Definitions - salvo jure

Salvo jure is a Latin legal phrase meaning "saving a right" or "without prejudice to a right." It is used to indicate that a particular action, statement, or agreement is made or entered into without waiving or affecting any existing legal rights or claims that a party may have. Essentially, it's a way to reserve one's rights, ensuring that a current action does not inadvertently surrender a future legal position or claim.

Here are some examples to illustrate its application:

• Negotiation and Settlement: Imagine a homeowner and a contractor are in a dispute over the quality of a recent renovation. To prevent further damage while they negotiate a full resolution, the homeowner agrees to pay for a temporary repair, but explicitly states that this payment is made "salvo jure."

  Explanation: By including "salvo jure," the homeowner ensures that paying for the temporary repair does not imply acceptance of the contractor's work, admit fault, or waive their right to pursue further claims for the original poor workmanship or additional damages in the future.

• Conditional Payment: A business receives an invoice for services they believe were not fully rendered or were overcharged. To avoid late payment penalties while they investigate and dispute the charges, they make a partial payment, clearly marking the payment advice with "salvo jure."

  Explanation: This signifies that the partial payment is not an admission of the full debt or an acceptance of the invoice's accuracy. The business is "saving its right" to dispute the remaining balance or even seek a refund for the partial payment once their investigation is complete.

• Temporary Access Agreement: A property owner grants a neighboring construction company temporary access across their land for a specific period to facilitate a building project. The written agreement for this temporary access includes a clause stating that it is "salvo jure" regarding any future claims for a permanent easement or any other long-term rights over the property.

  Explanation: The property owner is allowing temporary use of their land "without prejudice" to their full ownership rights. This ensures that granting temporary access does not create a precedent or imply that the construction company has any inherent right to future or permanent access.