Legal Definitions - aemulationis causa

The Latin term aemulationis causa describes an action taken primarily for the purpose of rivaling, annoying, or causing harm to another party, rather than for a legitimate benefit or reason for oneself. It refers to an intent driven by malice, spite, or a desire to obstruct a rival.

• Example 1: Property Dispute

  Imagine a homeowner, Mr. Davies, who constructs an unusually tall, brightly painted garden gnome display right on the property line, directly facing his neighbor Ms. Chen's patio. Mr. Davies already has a well-maintained garden and does not typically display such items. His primary motivation for this elaborate display is to annoy Ms. Chen, with whom he has had a long-standing disagreement about shared fence maintenance.

  This action by Mr. Davies is considered aemulationis causa because his intent is not to genuinely enhance his own property or enjoyment, but rather to spite and annoy his neighbor by creating an eyesore specifically directed at her.

• Example 2: Business Competition

  Consider a large retail chain, "GlobalMart," which opens a new, unprofitable store directly across the street from a smaller, independent bookstore, "The Book Nook." GlobalMart already has several successful locations in the city and does not anticipate this new store generating significant revenue. Its sole reason for establishing this particular branch is to draw away customers and ultimately force "The Book Nook" out of business, thereby eliminating a competitor.

  GlobalMart's decision to open the new store is aemulationis causa because its primary purpose is to rival and obstruct "The Book Nook's" operations, rather than to serve its own legitimate business interests or generate profit from that specific location.

• Example 3: Resource Control

  In a rural community, a farmer, Mr. Thompson, owns land upstream from his neighbor, Mrs. Rodriguez. Mr. Thompson decides to build an unnecessary dam on a small stream that flows through his property and then irrigates Mrs. Rodriguez's fields. Mr. Thompson has ample water from other sources and does not need the stream for his own crops. His action is purely to inconvenience Mrs. Rodriguez, with whom he has a personal feud over land boundaries.

  Mr. Thompson's construction of the dam is aemulationis causa because his motivation is not to benefit his own farming operations but solely to annoy and cause hardship to Mrs. Rodriguez out of rivalry.