In personam is a Latin term that translates to “against a person.” It refers to a legal action initiated against a specific individual. In contrast to in rem actions, which involve property or “all the world,” in personam actions focus on resolving disputes or claims that arise from obligations and actions between individuals.
Key Facts
- Definition: In personam is a Latin term that means “against a person.” It is used to describe a legal action that is brought against a specific individual.
- Nature of the Action: An in personam action focuses on resolving disputes or claims that arise from obligations and actions between individuals. It is based on the court’s jurisdiction over a person as an individual, rather than jurisdiction over specific property owned by that person.
- Jurisdiction: In order for an in personam action to proceed, the person against whom the action is brought must be served with a summons and complaint. This is necessary to give the court jurisdiction to try the case.
- Binding Judgment: If a judgment is made in an in personam action, it is binding upon the person named in the action. The judgment applies to the individual first and subsequently to their property. This means that the judgment can be enforceable against the person wherever they are.
- Examples: In personam actions can arise in various legal contexts, including contract disputes, debt recovery, and negligence cases. For instance, a plaintiff may bring an in personam action against a defendant for breach of a contract.
Nature of the Action
An in personam action is based on the court’s jurisdiction over a person as an individual, rather than jurisdiction over specific property owned by that person. It aims to establish a personal obligation or liability on the part of the defendant.
Jurisdiction
To initiate an in personam action, the person against whom the action is brought must be served with a summons and complaint. This is essential to give the court jurisdiction to try the case. The defendant must be properly notified of the action and given an opportunity to respond.
Binding Judgment
If a judgment is made in an in personam action, it is binding upon the person named in the action. The judgment applies to the individual first and subsequently to their property. This means that the judgment can be enforceable against the person wherever they are, regardless of their location.
Examples
In personam actions can arise in various legal contexts, including:
- Contract DisputesA plaintiff may bring an in personam action against a defendant for breach of a contract.
- Debt RecoveryAn in personam action can be used to recover a debt owed by an individual.
- NegligenceIn personam actions are common in negligence cases, where one party seeks compensation for damages caused by the negligence of another party.
Conclusion
In personam actions are a fundamental aspect of civil litigation. They allow individuals to seek legal remedies for disputes or claims that arise from their interactions with others. The principles of jurisdiction, binding judgment, and specific examples outlined above provide a comprehensive understanding of the nature and application of in personam actions.
Sources
- Practical Law Glossary: In Personam Action
- Sewell & Kettle Lawyers Dictionary: Action in Personam
- Law.com Legal Dictionary: In Personam
FAQs
What is an in personam action?
An in personam action is a legal action brought against a specific individual, as opposed to a legal action brought against property or “all the world” (in rem).
What is the basis of an in personam action?
An in personam action is based on the court’s jurisdiction over a person as an individual, rather than jurisdiction over specific property owned by that person.
How is an in personam action initiated?
To initiate an in personam action, the person against whom the action is brought must be served with a summons and complaint.
What is the effect of a judgment in an in personam action?
If a judgment is made in an in personam action, it is binding upon the person named in the action and can be enforced against them wherever they are.
What are some examples of in personam actions?
Examples of in personam actions include contract disputes, debt recovery actions, and negligence cases.
How does an in personam action differ from an in rem action?
An in personam action is brought against a specific individual, while an in rem action is brought against property or “all the world.” Judgments in in personam actions are binding on the individual, while judgments in in rem actions are binding on the property or all persons with an interest in the property.
What is the purpose of an in personam action?
The purpose of an in personam action is to establish a personal obligation or liability on the part of the defendant.
What are the advantages of bringing an in personam action?
The advantages of bringing an in personam action include the ability to obtain a judgment that is binding on the individual defendant and the ability to enforce the judgment against the defendant’s property wherever it is located.