Legal Definitions - in consimili casu

In consimili casu is a Latin phrase meaning "in a similar case" or "in a like case." It refers to the legal principle that when a court or other legal authority has made a decision on a particular issue, that decision should serve as a guide for future cases that present substantially similar facts or legal questions. This concept is fundamental to ensuring consistency, predictability, and fairness in the application of the law.

Here are some examples to illustrate this principle:

• Example 1: Contract Dispute

  Imagine a court previously ruled that a specific type of "non-compete" clause in an employment contract, which prevented an employee from working anywhere in the country for five years, was overly broad and therefore unenforceable. Later, a different company attempts to enforce an almost identical non-compete clause against one of its former employees. A judge, acting in consimili casu, would likely look to the previous ruling and declare the new clause similarly unenforceable because the core facts and legal issue (the enforceability of an overly broad non-compete clause) are strikingly similar.

• Example 2: Zoning Variance

  Consider a local zoning board that once granted a homeowner a variance to build a fence slightly higher than normally permitted, citing unique topographical challenges on their property that made the standard height impractical. A few years later, a neighbor with an adjacent property facing identical topographical challenges applies for the same type of fence height variance. The zoning board, applying the principle in consimili casu, would be expected to grant the variance, as the circumstances and justifications are essentially the same as the previously approved case.

• Example 3: Product Liability

  Suppose a court found a manufacturer liable for negligence because a specific design flaw in their widely sold kitchen appliance led to numerous injuries, establishing a precedent for the manufacturer's duty of care. If another consumer later sues the same manufacturer for an injury caused by the exact same design flaw in an identical appliance, the court would look in consimili casu to the previous ruling. The prior decision would strongly influence the outcome, guiding the court to find the manufacturer liable again due to the similar facts and established legal precedent regarding that specific product defect.