Legal Definitions - vi aut clam

The Latin phrase vi aut clam translates to "by force or by stealth." It describes actions taken to achieve a particular outcome, often involving gaining possession or control, through either overt, forceful means or hidden, deceptive methods.

Here are some examples to illustrate this concept:

• Property Dispute: Imagine a situation where a homeowner wants to expand their yard onto an adjacent vacant lot that belongs to someone else. If they were to bring in heavy machinery and immediately construct a new fence far beyond their property line, ignoring any protests from the actual owner, this would be an act "by force." Alternatively, if they subtly moved their existing fence a few inches further onto the vacant lot each year over a decade, hoping the true owner wouldn't notice the gradual encroachment, this would be an act "by stealth."

  Explanation: In the first scenario, the homeowner uses overt physical action to assert control, demonstrating the "force" aspect. In the second, they employ a hidden, gradual method to achieve the same goal, illustrating the "stealth" aspect of vi aut clam.

• Business Competition: Consider two competing companies in the technology sector. If one company were to send employees to physically block access to the other company's product launch event, preventing potential customers from attending, this would be an action taken "by force." Conversely, if that same company secretly hired a former employee of their competitor to leak confidential product development plans and customer lists, allowing them to undercut prices and poach clients, this would be an action taken "by stealth."

  Explanation: The first example involves direct, aggressive interference to gain a competitive edge, representing "force." The second example involves clandestine acquisition of sensitive information to undermine a competitor, embodying "stealth." Both scenarios demonstrate actions taken without permission to gain an advantage, fitting the definition of vi aut clam.