Legal Definitions - in casu proviso

In casu proviso is a Latin legal phrase meaning "in the case provided for" or "in the case foreseen." It refers to a specific situation or circumstance that has been explicitly anticipated and addressed within a law, contract, or set of rules.

When a situation is described as in casu proviso, it means that the relevant legal document or agreement already contains specific instructions, conditions, or procedures for how to handle that exact scenario. This is because the possibility of that situation occurring was considered and planned for in advance by the drafters of the document.

• Example 1: Commercial Lease Agreement

  A commercial lease agreement for an office space includes a specific clause detailing the process and financial responsibilities if the building becomes uninhabitable due to a natural disaster, such as a severe flood or earthquake. This clause outlines who is responsible for repairs, whether rent is abated, and under what conditions the lease might be terminated.

  Explanation: The scenario of the building becoming uninhabitable due to a natural disaster is in casu proviso within this lease. The parties to the contract foresaw this potential, albeit unlikely, event and specifically provided for it by outlining the steps and consequences. This avoids ambiguity and potential disputes should such an unfortunate event occur.

• Example 2: Government Procurement Regulations

  A government agency's procurement regulations contain a dedicated section outlining the specific procedures and criteria for awarding contracts to small businesses or businesses owned by historically disadvantaged groups. This section details set-aside programs, bidding preferences, and certification requirements.

  Explanation: The situation of awarding contracts to specific types of businesses (like small or disadvantaged businesses) is in casu proviso in these regulations. The government anticipated the need to support these groups and therefore established clear, predefined rules and processes to ensure their inclusion in the procurement process, rather than leaving it to ad-hoc decisions.

• Example 3: Software Development Contract

  A contract for custom software development includes a clause that specifies what happens if the client requests significant changes to the project scope *after* the initial design phase has been approved. This clause might detail how change requests are submitted, the process for estimating additional costs and timelines, and the need for a formal change order.

  Explanation: The possibility of major scope changes during a software project is a common and foreseen issue. By including this specific clause, the contract addresses this situation in casu proviso. Both parties agreed in advance on a structured approach to handle such changes, preventing potential disagreements or project delays that could arise from an unplanned alteration of the original agreement.