Legal Definitions - in aemulationem

In aemulationem is a historical Latin legal phrase that describes an action taken primarily with the malicious intent to harm, annoy, or injure another person, rather than for a legitimate personal benefit or purpose. It signifies an act driven by spite or ill will, where the primary motivation is to cause detriment to someone else.

• Example 1: Neighborly Dispute Over Property Use

  Imagine a homeowner who, after a disagreement with their next-door neighbor, decides to build an unnecessarily tall and aesthetically displeasing structure, like a shed, right on the property line. The shed serves no practical purpose for the homeowner, who already has ample storage, but it is strategically placed to block the neighbor's sunlight and obstruct their scenic view. The homeowner's primary motivation is not to gain a benefit for themselves, but rather to annoy and diminish the neighbor's enjoyment of their own property.

  This illustrates in aemulationem because the homeowner's action is not driven by a genuine need or legitimate use of their land, but by a deliberate desire to injure or annoy their neighbor by interfering with their property's amenities.

• Example 2: Business Sabotage

  Consider a large, established company that launches a new product line that directly competes with a smaller, innovative startup. However, the large company's product is intentionally priced below cost and marketed aggressively, not with the goal of making a profit or expanding its own market share, but solely to drive the startup out of business and prevent its success, due to a personal grudge held by an executive against the startup's founder.

  Here, the large company's actions demonstrate in aemulationem because their business strategy is not aimed at legitimate commercial gain but is primarily motivated by an intent to injure and destroy a competitor out of malice.

• Example 3: Creating a Nuisance

  Suppose a property owner, upset about a new residential development being built adjacent to their land, begins to operate loud, industrial machinery on their property at unusual hours. The machinery is not essential for their daily operations or any productive purpose, but the owner runs it specifically to generate excessive noise and vibrations that disturb the new residents, making their homes uncomfortable and disrupting their peace.

  This scenario exemplifies in aemulationem because the property owner's actions are not for their own benefit or a legitimate use of their land, but are undertaken with the clear intent to annoy and injure the new neighbors by creating a deliberate nuisance.