Legal Definitions - medium concludendi

Medium Concludendi

This historical legal term refers to the fundamental legal basis or justification for initiating a lawsuit. It is the essential reason why a party believes they have a right to seek a remedy or relief from a court. Essentially, it's the specific legal wrong or injury that forms the foundation of a claim, providing the court with a valid reason to consider the case.

• Example 1: Breach of Contract

  Imagine a small business owner hires a marketing agency to run a specific advertising campaign, with a clear contract outlining deliverables and timelines. The agency fails to deliver the promised services, causing the business to lose potential customers and revenue. The agency's failure to fulfill its contractual obligations serves as the medium concludendi. This breach of contract is the legal wrong that gives the business owner a valid reason to sue the agency for damages.

• Example 2: Negligence Leading to Injury

  Consider a situation where a shopper slips and falls in a grocery store because an employee left a spill unattended for an extended period without any warning signs. The shopper suffers a broken arm as a result. The grocery store's negligence in maintaining a safe environment and failing to address the hazard is the medium concludendi. This negligent act provides the legal foundation for the shopper to file a personal injury lawsuit against the store.

• Example 3: Property Damage

  Suppose a construction company working on an adjacent lot accidentally causes significant structural damage to your home due to improper excavation techniques. The damage to your property, directly resulting from the construction company's actions, is the medium concludendi. This direct harm to your property rights provides the legal grounds for you to seek compensation for repairs and other related losses from the construction company.