Legal Definitions - sine hoc quod

The Latin phrase sine hoc quod translates to "without this, that." In legal contexts, it refers to a specific type of pleading where one party denies a particular fact or assertion made by the opposing party and then immediately introduces an alternative fact or explanation. It functions as a way to challenge a premise and offer a different one, essentially stating, "What you claim is not true; instead, this is what happened."

This phrase is used to introduce a denial (a traverse) that is coupled with new matter, meaning the party not only denies the opponent's statement but also provides their own version of the facts.

• Contract Dispute Example:

  Imagine a software development company (Company A) sues a client (Company B) for failing to pay the final installment on a project, claiming they delivered the software on time. Company B might respond in its legal pleading: "We deny that Company A delivered the software with all agreed-upon features fully functional, sine hoc quod (without which), the final payment was not yet due according to our contract."

  Explanation: Here, Company B denies Company A's assertion of a complete and functional delivery. They then introduce their alternative fact—that the software was not fully functional—to explain why the final payment was withheld, thereby illustrating the "without this (fully functional software), that (payment not due)" structure.

• Property Damage Claim Example:

  Consider a homeowner (Plaintiff) suing a tree removal service (Defendant) for damage to their roof, claiming the damage occurred because the service used improper equipment. The tree removal service might plead: "We deny that improper equipment was used, sine hoc quod (without which), the roof damage was caused by pre-existing structural weaknesses that were not disclosed to our team."

  Explanation: The tree removal service denies the homeowner's claim about improper equipment. They then offer an alternative explanation—pre-existing structural weaknesses—as the true cause of the damage, demonstrating how they are challenging the plaintiff's premise and offering their own.

• Defamation Lawsuit Example:

  Suppose a public figure (Plaintiff) sues a newspaper (Defendant) for defamation, alleging the newspaper published a false statement about their financial dealings. The newspaper might respond: "We deny that the published statement regarding the Plaintiff's financial dealings was false, sine hoc quod (without which), the information was obtained from verifiable public records and published with a good-faith belief in its truth."

  Explanation: The newspaper denies the core accusation that the statement was false. It then provides its alternative explanation—that the information was true, verifiable, and published in good faith—to counter the defamation claim, thereby using "sine hoc quod" to introduce its counter-argument.