Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase limiting the scope of a legal rule, discharge, or privilege to the precise degree or portion specified by the facts.
Sources & Authorities· 18 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Spring Gun Privilege Limited
Ismael Ibrahim installed a nonlethal spring gun on his remote storage shed after repeated break-ins. When a deliberate intruder triggered the device and suffered minor injury, the court held Ibrahim privileged to that extent under the conditions for protecting chattels.
Partial Contract Discharge
Iris Irons told her supplier she would accept only half the agreed shipment due to changed needs. The supplier's duty to deliver the remaining half was discharged to that extent without consideration.
Impracticability Allocation
Idina Iverson could not obtain the contractually specified carrier because of a sudden port closure. She allocated available substitute transport among buyers, discharging her full delivery duty only to that extent.
Ike Ingram and other preincorporation subscribers received a board resolution setting payment terms. The call was uniform to that extent for all shares of the same class.
Power of Appointment Default
Ingrid Innes held a nongeneral power but failed to appoint. The unappointed property passed to the permissible appointees to that extent under the implied gift in default.
Deadly Device Privilege
Idris Ives placed a spring gun capable of serious harm on his remote cabin after multiple armed intrusions. The device injured an actual intruder whose entry would have justified deadly force if Ives had been present, rendering Ives privileged to that extent.
Common questions
Frequently Asked
3
How does in tantum limit the effect of a legal rule?+
The phrase restricts the operation of a discharge, privilege, or extinguishment to only the degree or portion justified by the facts. It prevents broader application than the circumstances support.
Supporting sources
Does in tantum appear in easement merger analysis?+
Yes. When a dominant holder acquires an interest in the servient land, the easement is extinguished only to the extent the new ownership permits the same use.
Supporting sources
Can in tantum qualify a board's authority to set payment terms?+
Yes. A call must be uniform so far as practicable as to all shares of the same class or series.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…the Secretary at War to place on the pension list disabled officers reported by the circuit courts was deemed unconstitutional so far as it imposed duties on the courts, and after a repeal Congress provided a different mode and enacted that the Secretary of War in conjunction with the Attorney General take measures to…