Legal Definitions - certans de damno vitando

certans de damno vitando

This historical legal principle refers to the act of actively trying to prevent or minimize a potential loss or harm. It describes a situation where an individual or entity takes steps specifically to avoid incurring a disadvantage, damage, or financial detriment. Essentially, it means "striving to avoid a loss."

• Example 1: Business Contract Negotiation
  A manufacturing company is drafting a supply agreement with a new vendor. To protect itself, the company insists on including clauses that specify strict quality control standards, penalties for late deliveries, and a clear dispute resolution process.

  How it illustrates the term: The manufacturing company is engaging in certans de damno vitando by proactively building safeguards into the contract. They are striving to avoid potential losses such as receiving substandard materials, incurring production delays due to late shipments, or facing costly and protracted legal battles if issues arise.

• Example 2: Personal Financial Planning
  An individual with significant assets consults a financial advisor to create an estate plan that includes trusts and specific beneficiary designations, rather than relying solely on a simple will.

  How it illustrates the term: This action demonstrates certans de damno vitando because the individual is striving to avoid potential losses such as high estate taxes, lengthy probate processes that could diminish the estate's value, or assets being distributed contrary to their wishes. The trusts and designations are mechanisms to prevent these potential detriments.

• Example 3: Corporate Risk Management
  A technology startup invests heavily in cybersecurity measures, including regular audits, employee training on data protection, and robust encryption protocols, even before experiencing any data breaches.

  How it illustrates the term: The startup is practicing certans de damno vitando. By making these investments, they are actively striving to avoid the significant financial, reputational, and legal losses that would result from a data breach, such as regulatory fines, customer lawsuits, and damage to their brand image.