Legal Definitions - ubi aberat animus foenerandi

Definition: Ubi aberat animus foenerandi is a Latin term that means "where the intention of taking of a usurious interest was wanting." In history, a lender was not responsible for usurious provisions in a contract unless the lender had the intention of exacting the money. This term is often used in legal contexts.

For example, if a lender lends money to a borrower with an interest rate that is higher than the legal limit, but the lender did not have the intention of taking advantage of the borrower, then the lender would not be liable for usury. However, if the lender had the intention of charging a usurious interest rate, then the lender would be held responsible for violating usury laws.

Another example could be a situation where a lender and borrower agree on an interest rate that is higher than the legal limit, but the lender did not have the intention of charging a usurious interest rate. In this case, the lender would not be held responsible for violating usury laws.

These examples illustrate how the concept of ubi aberat animus foenerandi is used to determine whether a lender is liable for usury. It emphasizes the importance of the lender's intention in determining whether a usurious interest rate was charged.