Legal Definitions - tout temps prist et encore prist

Tout temps prist et encore prist is a historical legal phrase from Law French that translates to "always ready and still ready."

In legal contexts, particularly within common-law pleading, this phrase represents a formal declaration by a party, typically a defendant, asserting that they have consistently been, and continue to be, prepared to fulfill a specific obligation. This obligation often involves making a payment or performing a contractual duty. It is used when the other party has refused to accept the performance or payment, and the party making the declaration wishes to demonstrate their ongoing readiness to meet their commitment, often to avoid penalties, interest, or accusations of breach.

Here are some examples illustrating the application of this concept:

• Scenario: A Disputed Loan Repayment

  Imagine a small business owner, Sarah, who borrowed money from a private lender. On the agreed repayment date, Sarah attempted to transfer the full amount to the lender, but the lender unexpectedly refused to accept the payment, perhaps claiming a higher amount was due or trying to force a default. If the lender later sued Sarah for non-payment and sought additional interest or penalties, Sarah could formally state that she was "tout temps prist et encore prist." This means she would declare to the court that she was always ready to pay the correct amount on time and remains ready to do so, thereby arguing against any claims for late fees or default interest.

• Scenario: A Contract for Custom Goods

  Consider a situation where a client, Mark, commissioned a custom piece of furniture from a carpenter. The contract specified that Mark would pay the final balance upon delivery and inspection. On the scheduled delivery day, Mark had the payment ready, but the carpenter arrived without the finished furniture, claiming unforeseen delays, or perhaps refused to deliver unless Mark paid an unagreed-upon extra fee. If the carpenter later sued Mark for breach of contract, Mark could use the principle of "tout temps prist et encore prist" to defend himself. He would assert that he was always prepared to fulfill his payment obligation as per the contract and remains ready to do so, demonstrating that the breach was not on his part.

• Scenario: A Commercial Lease Payment

  Suppose a tenant, a small retail shop, attempted to pay its monthly rent to the landlord on the due date, as per their commercial lease agreement. However, the landlord refused to accept the payment, perhaps due to an ongoing dispute about property maintenance or an attempt to terminate the lease prematurely. If the landlord subsequently initiated eviction proceedings or sued for unpaid rent, the tenant could invoke the concept of "tout temps prist et encore prist." The tenant would present evidence that they had the rent available and offered it on time, and continue to hold it ready for the landlord, thereby challenging the landlord's claim of non-payment and demonstrating their compliance with the lease terms.