Legal Definitions - causa data causa non secuta

The Latin phrase causa data causa non secuta describes a situation where something was given or provided with the clear expectation of a specific return, action, or outcome, but that anticipated return, action, or outcome never materialized.

Essentially, it means "the consideration having been given, but the counterpart not having followed." It applies when a benefit is conferred based on a condition or a future event that ultimately does not occur, leading to a failure of the expected exchange or purpose.

Here are some examples illustrating this concept:

• Example 1: Upfront Payment for Undelivered Goods

  Imagine a customer pays a custom furniture maker a 50% deposit for a bespoke dining table and chairs. The customer provides the deposit (the "causa data") with the clear understanding that the furniture maker will then design and build the specific set. However, before any work begins, the furniture maker unexpectedly closes their business and never delivers the custom furniture.

  This illustrates causa data causa non secuta because the customer provided the payment (the consideration given) for the specific purpose of receiving the custom furniture, but the furniture was never made or delivered (the counterpart did not follow).

• Example 2: Conditional Donation to a Project

  A philanthropic organization donates a substantial sum of money to a local community center, specifically earmarking the funds for the construction of a new accessible playground for children with disabilities. The community center accepts the donation, but after several months, they announce that due to unforeseen zoning issues, the playground project is canceled, and the funds will instead be used for general maintenance of the existing building.

  Here, the donation (the "causa data") was given under the explicit condition and purpose of building an accessible playground. When the playground project is canceled and the funds are diverted, the intended outcome (the "causa non secuta") fails to materialize.

• Example 3: Investment in a Failed Venture

  A group of friends invests money into a startup company, with the understanding that their funds will be used to develop a specific mobile application that solves a common problem. They transfer their investment (the "causa data") to the startup. However, after receiving the funds, the startup's founders decide to pivot entirely to a different business model, abandoning the original mobile application concept without ever developing it.

  This demonstrates causa data causa non secuta because the friends provided their investment with the expectation that it would fund the development of a particular mobile application. When the startup changes direction and never creates that application, the anticipated result (the "causa non secuta") is not fulfilled.