Legal Definitions - in casu consimili

The Latin phrase in casu consimili translates to "in a similar case" or "in a like case." It refers to the legal principle of applying reasoning, rules, or precedents from a previously decided case to a new case that presents similar facts or circumstances.

This concept is fundamental in legal systems that rely on precedent, such as common law systems. When a court encounters a new case, it often looks to how similar issues were resolved in the past. If the facts and legal questions in the current case are sufficiently analogous to those in a previous case, the court may apply the same legal principles or outcomes, even if the cases are not identical. This promotes consistency, fairness, and predictability in the application of law.

Here are some examples illustrating in casu consimili:

• Contract Dispute: Imagine a software development company is sued for failing to deliver a custom application by the agreed deadline, causing significant financial losses to the client. A few years prior, a different court in the same jurisdiction ruled on a case where a web design firm similarly failed to complete a custom website on time, leading to comparable business disruption for its client. The court in the software development case might look to the previous web design case in casu consimili to determine the appropriate measure of damages or whether the breach was fundamental enough to allow the client to terminate the contract. The underlying legal principles regarding breach of contract for custom digital services would be considered similar, despite the different technologies involved.

• Property Access Rights: A homeowner wants to build an extension that would block a neighbor's long-standing, unwritten right to use a path across their property to access a public road. A previous court ruling in the same area established a "prescriptive easement" (a right to use another's land acquired by long-term, open, and continuous use) for a similar path between two different properties. The court in the current dispute would likely consider the principles and criteria established in casu consimili from the prior ruling. It would examine whether the neighbor's use of the path meets the same legal requirements for establishing a prescriptive easement, ensuring consistent application of property law.

• Personal Injury Claim: A customer slips and falls on a wet floor in a supermarket aisle that had no warning signs, sustaining an injury. In a previous case, a different customer slipped on a spilled drink in another retail store, and the court found the store negligent for not promptly cleaning the spill or providing adequate warnings. When deciding the supermarket case, the court would refer to the legal standards of care and negligence established in casu consimili in the earlier retail store case. Both situations involve a business's duty to maintain a safe environment for its patrons and the legal consequences when that duty is breached due to hazardous conditions.