Legal Definitions - custodiae causa

Custodiae Causa is a Latin legal phrase, primarily used in Scots law, which translates to "for the purpose of safekeeping" or "for preservation." It describes the specific reason why one person temporarily entrusts their personal property to another. This arrangement is known as a bailment, where the person receiving the property (the bailee) takes possession of it with the understanding that they will keep it safe and eventually return it to the owner (the bailor).

Here are some examples illustrating the application of custodiae causa:

• Example 1: Storing Valuables in a Safe Deposit Box

  Imagine an individual who owns a collection of rare coins and decides to rent a safe deposit box at a bank. When they place their coin collection into the bank's vault, the transfer of possession to the bank (as the bailee) is custodiae causa. The bank's responsibility is to keep the coins secure and protected from theft or damage, thereby preserving their value and condition, until the owner retrieves them.

• Example 2: Leaving Furniture at a Storage Facility

  A person moving between homes might temporarily place their furniture and household goods into a commercial storage unit. The act of entrusting these items to the storage facility is custodiae causa. The storage company's duty is to maintain a secure environment that protects the furniture from weather, pests, or theft, ensuring its preservation until the owner is ready to move it into their new residence.

• Example 3: Entrusting a Pet to a Professional Sitter

  When a pet owner goes on vacation, they might hire a professional pet sitter to care for their cat in their own home or board it at a specialized facility. The temporary transfer of care and responsibility for the cat to the pet sitter is custodiae causa. The sitter's obligation is to ensure the cat's well-being, providing food, shelter, and attention, thereby preserving its health and safety until the owner returns.