Legal Definitions - ob contingentiam

The Latin phrase ob contingentiam is a historical legal term with two primary meanings:

• 1. On account of connection; by reason of similarity.

  Historically, this meaning was used when multiple legal cases were so closely related—perhaps arising from the same event, involving the same parties, or presenting identical legal questions—that it made practical sense to combine them into a single proceeding. This process is now commonly referred to as consolidation.

  • Example 1: Imagine a large apartment building where a faulty heating system causes carbon monoxide poisoning, affecting several different tenants. Each tenant files a separate lawsuit against the building owner for negligence and damages.

    Explanation: Historically, a court might have noted that these individual lawsuits were connected "ob contingentiam" because they all stemmed from the same defective heating system and involved similar legal claims against the same defendant. This connection would be a strong reason to consolidate the cases, allowing the court to hear evidence and make decisions for all affected tenants in a more efficient manner, rather than conducting multiple identical trials.

  • Example 2: A pharmaceutical company is sued by multiple patients who claim to have suffered the same rare side effect from a newly released drug. While each patient's specific damages might differ, the core legal question revolves around the drug's safety and the company's liability.

    Explanation: These lawsuits are linked "ob contingentiam" because they share a common factual basis (the drug and its alleged side effect) and similar legal arguments against the same manufacturer. This close connection would historically justify consolidating them, perhaps into a multi-district litigation, to streamline discovery and pre-trial proceedings, preventing repetitive legal work and inconsistent rulings.

• 2. In case of contingency.

  This meaning refers to something happening if a specific future event or condition occurs. It implies a dependence on an uncertain future event.

  • Example: A wealthy individual's will specifies that a charitable donation of $1 million will be made to a local animal shelter "ob contingentiam" that their beloved pet dog lives to be at least 15 years old.

    Explanation: In this context, "ob contingentiam" means "in the event that" or "if" the specified condition (the dog living to 15) is met. The donation is not guaranteed but is entirely dependent on that future, uncertain event occurring.