Legal Definitions - uterque

uterque

In legal contexts, uterque is a Latin term meaning "each of two" or "both (considered separately)." It emphasizes that when referring to two entities, actions, or obligations, they are to be understood as applying individually to each one, rather than to the pair as a single, undifferentiated unit.

• Example 1: Contractual Obligations

  Imagine a contract between two business partners, Company A and Company B. The agreement might state, "Uterque company shall be responsible for its own legal fees incurred during the negotiation of this agreement." This means that Company A is individually responsible for its legal costs, and Company B is individually responsible for its legal costs. The term clarifies that the responsibility is not a joint one where they might share the total bill, but rather each company bears its own separate financial burden.

• Example 2: Property Rights

  Consider a scenario where a will grants two siblings, Sarah and Tom, joint ownership of a vacation home. The will might further specify, "Uterque sibling shall have the right to occupy the property for six weeks per year, provided they give 30 days' notice to the other." This ensures that both Sarah and Tom individually possess the right to use the property for their allotted time, treating their access rights as separate entitlements rather than a combined, shared period that they must negotiate together for every single day.

• Example 3: Court Proceedings

  In a courtroom setting, a judge might issue an order in a dispute between a plaintiff and a defendant. The order could state, "Uterque party is hereby directed to submit a list of their proposed witnesses to the court by Friday." This means that the plaintiff must individually prepare and submit their own list of witnesses, and the defendant must individually prepare and submit their own separate list of witnesses. The instruction applies distinctly to each side of the litigation, requiring separate compliance from both.