Legal Definitions - locupletari cum damno alterius

locupletari cum damno alterius

This Latin phrase describes a fundamental legal principle where one party benefits or is enriched at the direct expense or damage of another party. It signifies that the gain experienced by one individual or entity is directly linked to a loss or detriment suffered by another.

Here are some examples illustrating this concept:

• Example 1: Mistaken Improvement

  A construction company, due to an administrative error, mistakenly builds a valuable guest house on a neighboring property owned by Ms. Chen, instead of on the plot where they were contracted to build for their client. Ms. Chen's property value significantly increases due to the unexpected addition. Meanwhile, the construction company incurs substantial costs for building on the wrong land and still has to fulfill its original contract, suffering a financial loss.

  How it illustrates the term: Ms. Chen is enriched (her property value increases) directly through the damage sustained by the construction company (the cost of building on the wrong land and the need to rebuild elsewhere).

• Example 2: Breach of Contract for Greater Profit

  A supplier has a contract to deliver a specific type of raw material to Company A at an agreed price. Before delivery, the supplier receives an offer from Company B for the same materials at a much higher price. The supplier breaches the contract with Company A to sell the materials to Company B, thereby making a significantly larger profit. Company A, unable to secure the materials elsewhere in time, suffers production delays and incurs financial penalties for failing to meet its own customer deadlines.

  How it illustrates the term: The supplier is enriched (gains greater profit from Company B) through the damage sustained by Company A (production delays, financial penalties, and lost business).

• Example 3: Unauthorized Use of Property

  Mr. Davies owns a vacant commercial lot next to a popular event venue. Without Mr. Davies' permission or knowledge, the event venue regularly uses a portion of his lot for overflow parking during large events, charging attendees a fee for parking. The event venue profits from these parking fees, while Mr. Davies' lot experiences increased wear and tear, litter, and he loses the opportunity to lease the space himself or develop it as planned.

  How it illustrates the term: The event venue is enriched (earns parking fees) through the damage sustained by Mr. Davies (wear and tear on his property, clean-up costs, and lost potential income).