What is "ab initio" in law?

Ab initio (/ˌæb ɪˈnɪʃioʊ/ AB in-ISH-ee-oh) is a Latin term meaning "from the beginning" and is derived from the Latin ab ("from") + initio, ablative singular of initium ("beginning"). Read more: Ab initio. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Ab_initio.

In law, ab initio refers to something being the case from the start or from the instant of the act rather than from when the court declared it so. For instance, the term "void ab initio" means "to be treated as invalid from the outset." E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ab initio".

Typically, documents or acts which are void ab initio cannot be fixed and if a jurisdiction, a document or an act is so declared at law to be void ab initio, the parties are returned to their respective positions that they were at the beginning of the event.

"Void ab initio" is often contrasted with "voidable", such documents which become void only as of the date of the judicial declaration to that effect.

An insurer facing a claim from an insured who had deceived the insurer on a material fact would claim that the insurance contract was void ab initio; it was null and void from the beginning and that since there was no legally enforceable contract, the insurer ought not to have to pay. Read more: Ab initio. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Ab_initio.

Popular Posts