Legal Definitions - brevitatis causa

Brevitatis causa is a Latin phrase that translates to "for the sake of brevity." Historically, particularly in Scots law, this term was used in legal documents to indicate that another document or set of terms was being included by reference, without needing to quote its entire content. The core idea is to save space and time in drafting by incorporating external information through a simple reference, while still making it legally binding as part of the main document.

Here are a few examples to illustrate this concept:

• Example 1: A Commercial Lease Agreement

  Imagine a business signing a lease for office space. Instead of detailing every single rule and regulation for the building's common areas (like parking, waste disposal, or security protocols) directly within the lease document, the lease might state: "The tenant agrees to abide by the Building Rules and Regulations, a copy of which is attached as Schedule A and incorporated herein brevitatis causa."

  Explanation: This approach avoids making the lease agreement excessively long and cumbersome. By incorporating the separate "Building Rules and Regulations" document by reference, the lease remains concise, yet the tenant is legally bound by all those rules as if they were fully written into the main lease document.

• Example 2: A Software Development Contract

  A company hires a software developer to create a new application. The main contract outlines the payment terms, timelines, and general scope. However, the highly detailed technical specifications, user interface designs, and specific feature lists are contained in a separate, extensive "Statement of Work" document. The contract might include a clause stating: "The detailed technical requirements and deliverables are set forth in the 'Statement of Work v3.0' dated October 26, 2023, which is hereby incorporated into this agreement brevitatis causa."

  Explanation: This allows the core contract to focus on the legal and commercial terms, while the intricate technical details are housed in a separate, more appropriate document. The phrase ensures that the technical specifications are legally part of the contract without cluttering the main agreement, making it easier to read and manage.

• Example 3: A Will Referencing a Trust Document

  A person creating their will might have already established a detailed family trust to manage their assets for their heirs. Rather than rewriting all the complex terms and conditions of the trust within the will itself, the will could simply state: "I bequeath the residue of my estate to the trustees of the 'Green Family Living Trust' established on January 15, 2022, to be administered according to the terms and conditions set forth therein, incorporated herein brevitatis causa."

  Explanation: This clause ensures that the will is concise and doesn't duplicate the extensive provisions of the trust document. By referencing the trust, the will legally directs assets into the trust structure, and the trust's existing detailed rules govern how those assets are managed, all "for the sake of brevity" in the will itself.