Legal Definitions - semper paratus

The Latin term semper paratus translates to "always ready." In a legal context, it refers to a defense raised by a defendant in a lawsuit.

When a defendant pleads semper paratus, they are asserting that they were at all times ready and willing to perform their obligations or fulfill a specific action that the plaintiff is now claiming they failed to do. Essentially, the defendant argues that any alleged failure to perform was not due to their unwillingness or inability, but rather because the plaintiff prevented them from performing, or the plaintiff's claim is simply incorrect because the defendant *was* ready.

Here are a few examples to illustrate this concept:

• Scenario: Service Contract Dispute

  Imagine a small business owner (the plaintiff) sues a freelance graphic designer (the defendant) for failing to deliver a completed logo design by the agreed-upon deadline. The graphic designer might plead semper paratus. They could present evidence showing that they had completed their design work on time and were waiting for the business owner to provide crucial feedback or approve a final draft, which the owner repeatedly delayed or failed to do. In this situation, the designer was "always ready" to finalize and deliver the logo, but the client's inaction prevented the completion.

• Scenario: Real Estate Transaction

  Consider a situation where a buyer (the plaintiff) sues a seller (the defendant) for breach of contract, claiming the seller failed to close on a property sale. The seller could use semper paratus as a defense. They might demonstrate that they had all necessary documents prepared, were present at the scheduled closing, and were ready to transfer the property, but the buyer failed to secure their financing or did not appear at the closing, thereby preventing the sale from being finalized. The seller was "always ready" to complete their part of the transaction.

• Scenario: Lease Agreement and Eviction

  Suppose a landlord (the plaintiff) attempts to evict a tenant (the defendant) for non-payment of rent. The tenant might argue semper paratus if they had the rent money available and made repeated attempts to pay, but the landlord refused to accept the payment (perhaps due to a dispute over other issues, or an attempt to force an eviction for a different reason). The tenant would assert they were "always ready" to fulfill their rental obligation, but the landlord actively prevented them from doing so.