Legal Definitions - nautae, caupones, stabularii

The Latin phrase nautae, caupones, stabularii refers to a specific legal principle from Roman law concerning the heightened liability of certain service providers: carriers (particularly by sea), innkeepers, and those who provide stables for animals.

This principle established a special duty of care for these individuals or entities regarding the safety of goods or property entrusted to them. Under this rule, carriers, innkeepers, and stable owners were held responsible for any damage or loss to the property they received for safekeeping. This liability extended even to damages caused by their employees, other guests, or unforeseen circumstances, unless they could prove the loss was due to an unavoidable event or the fault of the property owner. It reflected the unique trust placed in these professions and the vulnerability of individuals entrusting their possessions to them.

Here are some examples illustrating this principle in modern contexts:

• Scenario 1: International Shipping Company
  A company specializing in the international transport of delicate medical equipment hires a cargo ship to move a large consignment from one continent to another. During the voyage, a container holding some of the equipment is improperly secured by a crew member and shifts, causing significant damage to the contents.

  Explanation: This scenario relates to the "nautae" aspect, referring to carriers. The shipping company, as a carrier, is entrusted with the valuable medical equipment. Under the principle of nautae, caupones, stabularii, the company would be held liable for the damage, even though it was caused by an employee's negligence, due to their heightened responsibility for the goods entrusted to their care.

• Scenario 2: Boutique Hotel
  A guest staying at a boutique hotel leaves a designer handbag in their room's closet. While the guest is out, a hotel maintenance worker enters the room to fix a plumbing issue and accidentally leaves the door ajar. Another individual then enters the room and steals the handbag.

  Explanation: This example illustrates the "caupones" aspect, representing innkeepers. The hotel, as an innkeeper, has a special duty to ensure the safety of its guests' belongings within its premises. The principle of nautae, caupones, stabularii would likely hold the hotel responsible for the stolen handbag, as the loss occurred due to a lapse in security attributable to their staff, reflecting their elevated duty of care for guests' property.

• Scenario 3: Airport Valet Service
  A traveler uses an airport valet parking service, entrusting their car keys to an attendant before boarding a flight. While the car is parked in the valet's secure lot, another valet, while moving a different vehicle, collides with the traveler's car, causing significant body damage.

  Explanation: This situation reflects the "stabularii" aspect in a contemporary context, where a service provider is entrusted with the temporary care of a valuable possession (a car, analogous to a horse in ancient times). The valet service, by taking custody of the vehicle, assumes a heightened responsibility for its safekeeping. Under the principle of nautae, caupones, stabularii, the valet service would be liable for the damage to the car, even if caused by another employee, because they were entrusted with its care and have a special duty to protect it.