Legal Definitions - clam

Term: clam

In Roman and civil law, clam describes an action that is performed secretly or covertly, specifically with the intention of concealing it to avoid legal responsibility, consequences, or liability.

Examples:

• Imagine a property owner who, without informing their neighbor or seeking proper permits, subtly diverts a small stream that naturally flows across both properties. They do this by gradually altering the stream bed on their own land over several weeks, hoping the change will go unnoticed by the neighbor and local authorities. This action would be considered clam because the diversion is carried out in secret, with the clear intent to avoid potential disputes, legal challenges, or fines for unauthorized alterations to a natural watercourse.

• Consider a tenant who, wanting to expand their living space, secretly builds a small, unauthorized partition wall in their rented apartment during the night. They use lightweight materials and paint it to match the existing walls, hoping the landlord will not discover the modification. This act is clam because the construction is done covertly, with the specific aim of concealing the unauthorized alteration and avoiding potential penalties for violating the lease agreement or the cost of restoring the apartment to its original condition.

• Suppose a company needs to dispose of industrial waste. Instead of paying for proper, legal disposal at a licensed facility, a manager instructs employees to secretly dump the waste in an abandoned lot under the cover of darkness. This action is clam because the disposal is performed in secret, with the explicit intention of hiding the illegal act and avoiding the significant financial and legal liabilities associated with environmental regulations and proper waste management.