The term "infra vires" is not a commonly recognized or standard legal phrase. While "infra" is a Latin prefix meaning "below" or "under," the combination "infra vires" does not have a defined legal meaning. It is highly probable that the term intended was intra vires, a well-established Latin legal term.
Intra vires is a Latin phrase that translates to "within the powers" or "within the scope of authority." It refers to an action taken by an organization or an individual that falls within the boundaries of their legal or statutory authority. This concept is fundamental in various legal fields, particularly corporate law and administrative law, where the powers of entities and individuals are often defined by statutes, charters, or articles of incorporation.
Understanding Intra Vires
When an act is described as intra vires, it means that the person or entity performing the act has the legal authority to do so. This authority is typically conferred by:
- Statutes: Laws passed by legislative bodies that grant specific powers.
- Constitutions: Fundamental laws that define governmental powers.
- Articles of Association/Incorporation: Documents that outline the powers and purposes of a corporation.
- Trust Deeds: Documents that specify the powers of a trustee.
- Company Bylaws: Rules governing the internal management of a company.
For an action to be intra vires, it must be consistent with the powers granted and the objectives for which those powers were conferred.
Practical Applications and Examples
- Corporate Law: If a company's articles of association state that its purpose is manufacturing, and it enters into a contract to purchase raw materials for manufacturing, that action is intra vires. The board of directors or an authorized officer has the power to make such a decision as it falls within the company's defined scope of business.
- Administrative Law: A government agency authorized by statute to regulate environmental standards acts intra vires when it issues a permit for a new factory that meets those standards. If the agency attempted to regulate an unrelated industry for which it had no statutory authority, that action would be outside its powers.
- Public Bodies: A municipal council acting intra vires might pass a bylaw for waste management if its governing statute grants it authority over local services.
Contrast with Ultra Vires
The opposite of intra vires is ultra vires, meaning "beyond the powers." An act that is ultra vires is one performed without the necessary legal authority. Such actions are generally considered invalid, void, and unenforceable.
| Feature | Intra Vires | Ultra Vires |
|---|---|---|
| Meaning | Within the powers / scope of authority | Beyond the powers / scope of authority |
| Legality | Valid and legally enforceable | Invalid and legally unenforceable |
| Implication | Action is permissible, proper, and binding | Action is improper, unauthorized, and void |
| Consequence | Typically no legal challenge on authority | Can lead to legal challenges, injunctions, or nullification of the act |
Importance
Understanding the concept of intra vires is crucial for ensuring legal compliance and preventing challenges to the validity of actions taken by organizations and individuals. It helps define the boundaries of authority, promoting accountability and legal certainty in various legal frameworks.
