locus poenitentiae

Latin · LOH-kus pee-ni-TEN-shee-ee · Contract and commercial

Meaning. A place or opportunity for repentance: the chance to withdraw before a transaction becomes binding or complete.

In contract law, locus poenitentiae is the time during which a party can withdraw, for example a proposer before acceptance is complete as against him (Section 5, Contract Act). In the law of illegal agreements, a party who withdraws before the illegal purpose is carried out may in some cases recover what he paid, as an exception to in pari delicto.

In criminal law, the idea marks the line between preparation and attempt: while the accused still has the chance to give up the plan, he has not reached the stage of attempt. In administrative law, an authority may reconsider a decision until it is communicated.

Example

Since he abandoned the plan before any overt act, he had locus poenitentiae and was guilty only of preparation, not attempt.

In Indian law

Section 5, Indian Contract Act, 1872

locus poenitentiae

Example

In Indian law

See also

Read more in the study notes