Legal Definitions - ad custum

ad custum

The Latin phrase ad custum translates simply to "at the cost" or "at the expense of." It is used in legal contexts to specify which party is responsible for bearing the financial burden of a particular action, service, or item.

• Example 1: In a complex business lawsuit, the judge might order a specialized forensic accounting audit to clarify financial discrepancies. The court could then rule that this audit must be conducted ad custum of the defendant, meaning the defendant is legally obligated to pay for the entire cost of the forensic accounting services.

  This example illustrates "ad custum" by clearly assigning the financial responsibility for a court-ordered action (the audit) to a specific party (the defendant).

• Example 2: A homeowner hires a contractor to build an addition. The contract specifies that any necessary permits and inspections required by the city are to be obtained ad custum of the contractor.

  Here, "ad custum" clarifies that the contractor, not the homeowner, is responsible for covering the fees associated with obtaining permits and arranging inspections, as per their agreement.

• Example 3: When a tenant moves out of a rental property, the lease agreement might state that any professional cleaning required beyond normal wear and tear will be performed ad custum of the tenant, deducted from their security deposit.

  This demonstrates "ad custum" by establishing that the tenant will bear the financial expense for specific cleaning services if the property is not returned in an acceptable condition, as outlined in the lease.