Legal Definitions - justa causa

Justa causa is a Latin term that translates to a just cause or lawful ground. In legal contexts, it refers to a legitimate, fair, and legally recognized reason or justification for taking a particular action or making a specific decision. It signifies that an action is not arbitrary or capricious but is based on valid and acceptable grounds.

• Example 1: Employment Termination

  Imagine an employee who consistently fails to meet the essential requirements of their job, despite receiving multiple warnings, performance improvement plans, and additional training. If the employer decides to terminate this employee's contract, the documented history of underperformance and the employer's efforts to rectify the situation would constitute a justa causa for the termination. This means the employer has a legitimate, non-discriminatory reason for their action, which is crucial in defending against potential wrongful termination claims.

• Example 2: Lease AgreementEviction

  Consider a tenant who repeatedly violates the terms of their lease agreement by hosting loud parties late at night, disturbing other residents, and causing minor damage to common areas, despite receiving several written notices from the landlord. If the landlord initiates eviction proceedings, these documented and persistent breaches of the lease would provide a justa causa for the eviction. The landlord is not acting arbitrarily but based on the tenant's failure to adhere to the agreed-upon terms, which is a lawful ground for seeking possession of the property.

• Example 3: Contractual Delay

  A construction company is contracted to build a new office complex within a specific timeframe. However, an unprecedented series of severe storms and flooding makes the construction site inaccessible and unsafe for several weeks, halting all work. If the contract includes a clause for "acts of God" or force majeure, these extreme weather conditions would be considered a justa causa for the delay in completing the project. The company has a legitimate, unforeseen, and uncontrollable reason for not meeting the original deadline, which would typically protect them from penalties for late completion.