ab initio


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Ab Initio

[Latin, From the beginning; from the first act; from the inception.] An agreement is said to be "void ab initio" if it has at no time had any legal validity. A party may be said to be a trespasser, an estate said to be good, an agreement or deed said to be void, or a marriage or act said to be unlawful, ab initio. Contrasted in this sense with ex post facto, or with postea.

The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio (from the beginning), not just from the time the wrongful behavior occurs. A person who enters property under the authority of law but who then by misconduct abuses his or her right to be on the property is considered a trespasser ab initio. If a sheriff enters property under the authority of a court order requiring him to seize a valuable painting, but instead he takes an expensive marble sculpture, he would be a trespasser from the beginning. Since the officer abused his authority, a court would presume that he intended from the outset to use that authority as a cloak from under which to enter the property for a wrongful purpose. This theory, used to correct abuses by public officers, has largely fallen into disuse.

ab initio

prep. lawyer Latin for "from the start," as "it was legal ab initio."

ab initio

‘from the beginning’.

AB INITIO, from the beginning.
     2. When a man enters upon lands or into the house of another by authority of law, and afterwards abuses that authority, he becomes a trespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218 Clayt. 44. And if an officer neglect to remove goods attached within a reasonable time and continue in possession, his entry becomes a trespass ab initio. 2 Bl. Rep. 1218. See also as to other cases, 2 Stra. 717 1 H. Bl. 13 11 East, 395 2 Camp. 115, 2 Johns. 191; 10 Johns. 253; ibid. 369.
     3. But in case of an authority in fact, to enter, an abuse of such authority will not, in general, subject the party to an action of trespass, Lane, 90 ; Bae. Ab. Trespass, B ; 2 T. It. 166. See generally 1 Chit. Pl. 146. 169. 180.

References in periodicals archive ?
In the course of describing the history of abatement ab initio in Massachusetts, the SJC corrected a misperception that applying the doctrine has been a "longstanding" practice in the state, noting that the first reported appellate case acknowledging the doctrine was issued in 1975.
A snippet from it statement is as follows: To begin with, amnesty once granted cannot be simply dissolved by the invocation of the words "ab initio" as though it were some magical incantation that can nullify vested rigts.
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(BNA) -- The Gulf Aviation Academy (GAA), in association with Tamkeen, announced today that it has awarded the European and USA based Pilot Training College (PTC), one of the world's largest pilot training colleges, a major contract which will conduct a pilot training course for Bahrainis The contract will see PTC train up to one hundred and twenty new commercial pilots for GAA, who signed an agreement with Tamkeen earlier in October 2011 to train 120 Bahrainis to obtain their Ab Initio Pilot Programme, with the first 12 ab-initio cadets set to receive their training next month.
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