Legal Definitions - sans ce que

Sans ce que is a historical legal phrase originating from Law French, which translates to "without this that" or "without which." In common lawpleading, it was traditionally used to introduce a specific denial or exception to a material fact that had been alleged by the opposing party. Essentially, it allowed a party to formally state, "The preceding claim is true, except that this specific contradictory fact also exists," thereby acknowledging some parts of an opponent's statement while formally disputing a crucial element.

Here are some examples to illustrate its application:

• Contract Dispute: Imagine a contractor sues a homeowner for the final payment on a renovation project, asserting that all work was completed according to the agreed-upon plans. The homeowner might respond by saying, "The contractor completed most of the renovation work as agreed, sans ce que the custom-built kitchen island, a key feature of the contract, was never installed."

  This example demonstrates "sans ce que" by allowing the homeowner to acknowledge the general completion of the project while specifically denying a critical component of the contract's fulfillment, thereby introducing a fact that contradicts the contractor's claim for full payment.

• Property Rights: Consider a situation where a neighbor claims a prescriptive easement (a right to use another's land acquired through long-term use) to cross a portion of your property, stating they have done so openly and continuously for over 20 years. You might respond by saying, "My neighbor has indeed used the path for many years, sans ce que they sought and received my explicit permission to do so each year, which prevents the establishment of a prescriptive easement."

  Here, "sans ce que" is used to introduce a specific fact (permission was granted annually) that directly contradicts a necessary element for establishing a prescriptive easement (that the use must be "adverse" or without permission), thereby challenging the neighbor's claim.

• Insurance Claim: Suppose an individual files an insurance claim for damages to their vehicle, stating the damage was caused by a hit-and-run driver while the car was parked. The insurance company might investigate and respond, "We acknowledge the vehicle sustained damage while parked, sans ce que our investigation revealed the damage is consistent with a collision that occurred while the vehicle was in motion, and not from a stationary hit-and-run."

  In this scenario, "sans ce que" allows the insurance company to agree that damage occurred while the car was parked, but then introduces a contradictory finding about the nature and circumstances of the damage, which could affect the validity or type of coverage for the claim.