Legal Definitions - ex eo quod plerumque fit

Ex eo quod plerumque fit is a Latin phrase that translates to "from that which generally happens" or "from that which usually occurs." In legal contexts, this principle allows for conclusions or assumptions to be made based on common experience, typical patterns, or what is expected to happen in the vast majority of similar situations. It acknowledges that while exceptions are always possible, legal reasoning can sometimes rely on the normal, predictable course of events.

• Example 1: Contractual Performance

  Imagine a homeowner hires a plumber to install a new water heater. The contract specifies the type of water heater but doesn't detail every single fitting or connection method. After the installation, the homeowner discovers a minor leak due to a poorly tightened connection.

  How it illustrates the term: "Ex eo quod plerumque fit," it is generally expected that a professional plumber will install a water heater without leaks and ensure all connections are properly secured. Even without explicit contractual language detailing every step, the expectation is that the work will be done to a generally accepted standard of competence, which includes preventing leaks. The homeowner can argue the plumber failed to meet this general expectation.

• Example 2: Negligence and Causation

  Consider a situation where a driver runs a red light and collides with another vehicle that was proceeding through a green light. The driver who ran the red light claims the other driver could have avoided the accident.

  How it illustrates the term: "Ex eo quod plerumque fit," drivers generally expect that vehicles approaching an intersection with a green light will proceed safely, and that vehicles facing a red light will stop. The act of running a red light is a deviation from what generally happens and is typically considered the primary cause of a collision in such circumstances, as it violates the usual rules of the road that prevent accidents.

• Example 3: Implied Warranties in Sales

  A consumer purchases a brand new refrigerator from an appliance store. Within a week, the refrigerator completely stops cooling, making it unusable for storing food.

  How it illustrates the term: "Ex eo quod plerumque fit," when a new appliance like a refrigerator is purchased, it is generally expected to function properly and serve its intended purpose (cooling food) for a reasonable period of time. Even if no explicit warranty was discussed, the law often implies a "warranty of merchantability," meaning the product is fit for the ordinary purposes for which such goods are used. The refrigerator's immediate failure goes against what generally happens with new appliances, suggesting a defect.