Legal Definitions - casus

The term casus refers to two distinct concepts in law:

• 1. An Unforeseen Event or Accident Without Fault

  In its first sense, casus describes an event that occurs purely by chance, without any human intervention, negligence, or fault contributing to it. It signifies an unavoidable accident or an "act of God" that could not reasonably have been anticipated or prevented.

  • Example A: During a severe, unpredicted lightning storm, a bolt strikes a power transformer, causing a widespread blackout. No utility company negligence in maintenance or forecasting contributed to the strike itself.

    Explanation: The lightning strike is a casus because it was a sudden, natural event beyond human control or foresight, occurring without any fault on the part of the power company regarding the strike itself.

  • Example B: A healthy, well-maintained tree in a public park unexpectedly collapses during a period of calm weather, damaging a nearby bench. There were no visible signs of disease or structural weakness that would have prompted its removal.

    Explanation: The tree's collapse is a casus because it was an unforeseen accident that occurred without any apparent human negligence in tree care or inspection.

• 2. A Situation Intended to Be Covered by a Statute

  In its second sense, casus refers to a specific set of circumstances or a particular situation that lawmakers clearly envisioned and intended for a statute (a written law) to address and apply to. This means the situation falls squarely within the scope and purpose of the law as it was drafted.

  • Example A: A state legislature passes a law requiring all commercial vehicles to undergo annual safety inspections. A trucking company operating its fleet on public roads is a casus for this statute.

    Explanation: The operation of commercial vehicles is precisely the situation the legislature contemplated when enacting the safety inspection law, making it a casus for that statute.

  • Example B: A city ordinance prohibits the consumption of alcohol in public parks. A group of individuals openly drinking beer in a municipal park is a casus for the application of this ordinance.

    Explanation: The act of drinking alcohol in a public park is the specific scenario the city council intended to regulate when they created the ordinance, thus it is a casus.

  • Example C: Federal legislation mandates that all publicly traded companies must disclose their financial performance quarterly. A large corporation issuing its quarterly earnings report is a casus for this reporting requirement.

    Explanation: The regular financial reporting by publicly traded companies is the exact situation the legislature aimed to cover with the disclosure law, making it a casus.