Legal Definitions - ad captandum lucrum

Ad captandum lucrum is a historical Latin phrase that translates to "for the purpose of making gain." It describes an action, decision, or endeavor undertaken primarily or solely with the intention of generating profit or financial advantage.

This term highlights the underlying motivation behind a particular activity as being driven by the desire for money or material benefit.

• Example 1: During the California Gold Rush, a shrewd merchant might have purchased a large quantity of basic supplies, such as shovels, picks, and flour, and then transported them to a remote mining camp where demand was high and competition was scarce. He would then sell these items at significantly inflated prices.

  Explanation: The merchant's entire operation, from purchasing supplies to transporting them to a specific location and setting high prices, was motivated ad captandum lucrum. His primary goal was to maximize his financial gain from the desperate needs of the miners, rather than to provide fair-priced goods or foster community development.

• Example 2: In the early 20th century, a pharmaceutical company might have heavily promoted a new "miracle cure" for a common ailment, despite having limited scientific evidence of its efficacy and potential side effects. The company would invest heavily in advertising campaigns that exaggerated the product's benefits to encourage widespread purchase.

  Explanation: The company's aggressive marketing and sales strategy, potentially overlooking scientific rigor and patient safety, would be considered ad captandum lucrum. Their actions were primarily driven by the desire to generate substantial profits from the sale of the product, rather than a genuine commitment to public health or scientific advancement.

• Example 3: Imagine a landowner in a rapidly industrializing city in the 19th century who owns a large plot of land near a new factory. Instead of building spacious homes or community facilities, the landowner constructs numerous small, poorly ventilated tenement buildings with minimal amenities, renting out each cramped unit at a high price to factory workers.

  Explanation: The landowner's decision to build substandard, high-density housing and charge elevated rents is an example of acting ad captandum lucrum. Their primary motivation was to extract the maximum possible financial gain from the high demand for housing among the working class, with little regard for the living conditions or well-being of the tenants.