Legal Definitions - ipsum corpus

ipsum corpus

"Ipsum corpus" is a Latin term meaning "the thing itself." In legal contexts, it refers to a specific, unique, and identifiable physical object that is the subject of a legal obligation or transaction. This term emphasizes that the exact item agreed upon must be delivered or returned, rather than a substitute, a generic equivalent, or monetary compensation. It highlights the particularity of the item in question.

• Example 1: A Contract for a Unique Collectible
  Imagine a rare coin collector who enters into a contract to purchase a specific 1804 Draped Bust Silver Dollar, known for its extreme rarity and unique characteristics. The contract specifies this exact coin by its certification number and provenance. If, before delivery, the seller attempts to substitute it with a different 1804 Silver Dollar (perhaps one of lesser quality or a known replica), the buyer could argue that the seller failed to deliver the "ipsum corpus."

  Explanation: The legal obligation was not to deliver *any* rare coin or *any* 1804 Silver Dollar, but precisely that specific, identified coin. The "ipsum corpus" here is the unique, designated artifact itself, which cannot be replaced by another, even if similar.

• Example 2: A Bequest in a Will
  Consider a will that states, "I bequeath my antique mahogany writing desk, which has been in our family for three generations, to my granddaughter, Sarah." After the testator's passing, the executor of the estate is legally bound to ensure that Sarah receives that specific antique desk.

  Explanation: Sarah is entitled to the "ipsum corpus" – the particular, unique mahogany writing desk mentioned in the will. The executor cannot give her a different antique desk, even one of similar value, or simply the monetary equivalent, because the will specified the delivery of the exact item.

• Example 3: A Loan of Specific Equipment
  A construction company loans a specialized, custom-built piece of machinery, designed for a unique task, to another company for a specific project. The loan agreement explicitly states that the borrowing company must return that exact piece of machinery in good working order.

  Explanation: The "ipsum corpus" in this scenario is the custom-built machinery itself. The borrowing company cannot return a different machine, even if it performs a similar function or is of comparable value, because the obligation is to return the specific, identifiable item that was loaned.