Duhaime's Law Dictionary


Intuitu Personae Definition:

Latin: Because of the person.

Also spelled intuitus personae.

A personal services contract, where the person of one of the contracting parties is an essential term of the contract.

In CN v Norsk, Justice wrote:

"Intuitus personae, i.e., a personal service contract where the particular individual cannot be replaced."

Examples include contracts with musicians, singers, actors, specific lawyers and professional athletes.

A power of attorney is another example of a legal document which is intuitu personae.

The doctrine of a intuitus personae contract is well-known to the civil law.

In the common law, contract law deals with the issue under the rubric of a personal services contract, without reference, generally, to the Latin maxim, and the non-availability of the remedy of specific performance in cases where the contract allegedly breached is one of personal services; i.e. intuitu personae.

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