Legal Definitions - obreptione

Obreptione is a historical legal term derived from Latin, referring to an action or outcome achieved through surprise or deceit. It describes situations where someone gains an advantage, secures a privilege, or causes a particular result by misleading another party, withholding crucial information, or acting in a way that catches them off guard.

Here are some examples illustrating the concept of obreptione:

• Example 1: Misleading Application

  Imagine a historical scenario where a wealthy landowner sought permission from the local council to divert a public stream through their private property. To secure approval, the landowner submitted an application that deliberately omitted details about how the diversion would significantly reduce water access for downstream villagers, focusing instead on the supposed benefits to the community. The council, unaware of the full impact due to the landowner's selective disclosure, granted the permission.

  This approval would be considered obtained obreptione because it was secured by deceitfully presenting incomplete and misleading information, surprising the council and the affected villagers with the true negative consequences only after the fact.

• Example 2: Covert Legislative Amendment

  Consider a historical government where a specific clause, subtly altering the established rights of a particular guild, was quietly inserted into a much larger, complex piece of legislation that was expected to pass without much scrutiny. The government officials responsible hoped the change would go unnoticed by the guild members until after the law was enacted, thereby avoiding immediate opposition.

  The alteration of the guild's rights would be an act of obreptione because it was achieved by surprise and deceit, embedding a significant change within a broader document to avoid direct challenge or public debate.

• Example 3: Concealed Defect in a Transaction

  In a historical property transaction, a seller was aware of a significant, hidden structural flaw in a building that was not easily detectable during a casual inspection. During negotiations, the seller deliberately avoided mentioning the flaw and even subtly steered the buyer away from inspecting that particular section of the property. The buyer, unaware of the defect, proceeded with the purchase.

  The seller achieved the sale obreptione by deceitfully withholding critical information and actively preventing the buyer from discovering the flaw, thereby surprising the buyer with the defect after the transaction was complete.