Legal Definitions - plus petitio

Plus petitio is a Roman law term meaning "overclaim" or "claiming too much." It refers to a plaintiff demanding more than what was actually due in their legal pleadings. While initially a fatal error under classical Roman law, later reforms allowed the action to continue unless the overclaim was maliciously persisted in throughout the trial.

Plus petitio is a Latin legal term that translates to "overclaim" or "claiming too much." In Roman law, it referred to a situation where a party bringing a lawsuit demanded more than they were legally entitled to, either in terms of amount, timing, location, or the specific nature of the claim.

Historically, under early Roman law, making a plus petitio was a severe error that could lead to the immediate dismissal of the entire lawsuit. This strict approach was later modified, allowing a claimant to continue the action but potentially facing penalties if the overclaim caused harm to others. Eventually, under later Roman law, a claimant would only lose their case if they knowingly and maliciously persisted in their excessive demand throughout the trial.

Here are some examples illustrating the concept of plus petitio:

• Overclaiming an Amount: A freelance graphic designer completes a logo project for a client. The agreed-upon price in their contract was $1,500. However, when sending the final invoice and later filing a small claims court action, the designer mistakenly demands $2,000.

  This is a plus petitio because the designer is claiming a higher monetary amount than what was contractually agreed upon and legally due.

• Claiming Before Due Date: A company leases office space, and their lease agreement clearly states that rent is due on the first day of each month. In a period of financial difficulty, the landlord sends a demand letter on the 15th of the preceding month, threatening legal action if the next month's rent is not paid immediately.

  Here, the landlord is making a plus petitio by demanding payment before it is contractually due, attempting to accelerate the payment timeline without legal justification.

• Demanding a Specific Choice: A contract for the sale of agricultural goods specifies that the seller will deliver either 500 bushels of corn or 500 bushels of soybeans, at the seller's discretion, by a certain date. Before the delivery date, the buyer files a lawsuit demanding *only* the 500 bushels of corn, even though the seller still has the contractual right to choose between the two commodities.

  This situation represents a plus petitio because the buyer is demanding a specific performance (corn) when the contract allows the seller a choice, thereby claiming more than their immediate entitlement under the agreement.