Ab initio

For other uses, see Ab initio (disambiguation).

Ab initio (/ˌæbˈnɪʃi./ AB-i-NISH-ee-oh)[1] is a Latin term meaning "from the beginning" and is derived from the Latin ab ("from") + initio, ablative singular of initium ("beginning").

Etymology

c.1600, from L., lit. "from the beginning", from ablative case of initium "entrance, beginning", related to verb inire "to go into, enter upon, begin".[2]

Uses

Ab initio (abbreviation: ab init.) is used in several contexts:

Law

In law, void means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity. The law treats it as if it had never existed or happened. It treats law as null and void from beginning.

The term "void ab initio", which means "to be treated as invalid from the outset", comes from adding the Latin phrase "ab initio" as a qualifier. For example, in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ab initio".

A proposition in law that a court's jurisdiction, a certain document that purports to affect legal rights or an act which purports to affect legal rights, is or was null and void from the start because of some vitiating element.

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.[3]

See also

References

  1. Merriam-Webster's Collegiate Dictionary
  2. "Etymology for ab initio". "etymonline.com". Retrieved 7 February 2010.
  3. "Legal definition at Duhaime.org". "duhaime.org". Archived from the original on 14 February 2010. Retrieved 7 February 2010.

External links

Look up ab initio in Wiktionary, the free dictionary.
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