Legal Definitions - tanquam in libello

The Latin phrase tanquam in libello translates to "as if alleged in the complaint" or "as if formally stated in the pleading." Historically, this term was used in legal contexts, particularly in admiralty and ecclesiastical law, to describe situations where a court or legal body treated certain facts, claims, or implications as if they had been explicitly written down and formally presented in the initial written accusation or complaint (the "libel").

It signifies a legal presumption or understanding that something, though perhaps not overtly articulated or explicitly detailed in the formal document, was considered to be an integral part of the case presented. Essentially, it means that a point was taken as given or formally included, even if only by strong implication or common understanding.

• Example 1: Implied Terms in a Service Agreement

  Imagine a contract for a home renovation project. While the written agreement specifies the scope of work and payment terms, it doesn't explicitly state that the contractor must perform the work in a "workmanlike manner" or use "materials of reasonable quality." These are generally understood industry standards and often implied by law.

  How it illustrates the term: If a dispute arises and a court rules that the contractor breached the contract by using substandard materials, even though the contract didn't explicitly forbid them, the court is treating the requirement for reasonable quality materials tanquam in libello. It's acting as if this implied term was formally written into the contract from the outset.

• Example 2: Scope of a Regulatory Mandate

  Consider a municipal ordinance that requires all public parks to be maintained in a "safe and accessible condition." The ordinance doesn't list every conceivable hazard, such as "no broken playground equipment" or "clear pathways of ice and snow." However, these specific conditions are universally understood to be components of a "safe and accessible" park.

  How it illustrates the term: If a city inspector cites the parks department for failing to clear an icy pathway, and the department argues it wasn't explicitly mentioned in the ordinance, a court would likely treat the requirement to clear ice tanquam in libello. It's understood as if it were explicitly written into the "safe and accessible condition" mandate, even if it's an implied detail.

• Example 3: Presumed Knowledge in a Legal Pleading

  In an older legal system, a formal written accusation (a "libel") against a public official for corruption might detail specific instances of bribery. While the libel might not explicitly state that the official had a "duty of public trust," this duty is inherently understood and implied by the official's position and the nature of the allegations.

  How it illustrates the term: If the court, in its proceedings, refers to the official's breach of public trust as a foundational element of the case, even without it being a separate, explicitly written charge in the original libel, it is treating that duty and its breach tanquam in libello. It's proceeding as if this fundamental aspect was formally included in the written complaint.