Legal Definitions - causa non secuta

The Latin term causa non secuta translates literally to "the cause has not followed" or "the reason has not ensued." In legal contexts, it refers to a situation where the expected reason, purpose, or underlying condition for an agreement, promise, or action fails to materialize or is not fulfilled. When the fundamental purpose or consideration for an arrangement does not come to pass, the legal obligation tied to that purpose may be invalidated or rendered unenforceable.

Here are some examples to illustrate this concept:

• Example 1: Real Estate Development

  A developer agrees to purchase a large parcel of land from a landowner, with the explicit understanding and agreement that the local municipality will approve a rezoning application to allow for the construction of a large retail complex. The developer's entire reason (the "causa") for buying the land is contingent on this rezoning. If, after the agreement is made, the municipality denies the rezoning application, the "causa non secuta" principle might apply. The fundamental purpose for the purchase – the ability to build a retail complex – has not materialized, potentially allowing the developer to withdraw from the purchase agreement without penalty.

• Example 2: Software Development Contract

  A small business contracts with a software company to develop a custom application. The contract specifies that the primary reason (the "causa") for this development is to integrate seamlessly with the business's existing inventory management system, which is crucial for automating their supply chain. If, upon completion, the custom application repeatedly fails to integrate with the existing system despite multiple attempts, the "causa non secuta" could be argued. The core purpose for which the business entered the contract – a functional, integrated application – has not been achieved, potentially impacting the enforceability of the payment terms or allowing the business to seek remedies.

• Example 3: Conditional Grant or Donation

  A philanthropic foundation pledges a significant grant to a university specifically for the establishment of a new scholarship fund dedicated to students pursuing studies in renewable energy. The foundation's "causa" for the grant is the creation of this specific scholarship. If the university, after receiving the pledge, decides to use the funds for general operating expenses or a different, unrelated academic program, the "causa non secuta" principle could be invoked. The specific purpose for which the grant was intended has not been fulfilled, potentially allowing the foundation to withdraw the pledge or demand the return of any disbursed funds.