The law is a jealous mistress, and requires a long and constant courtship.

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Legal Definitions - quae cadunt in non causam

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Definition of quae cadunt in non causam

quae cadunt in non causam is a Latin legal phrase that refers to things that are lost or forfeited when the legal right, justification, or basis for possessing or holding them comes to an end.

In simpler terms, it describes a situation where someone loses possession or a right to something because the underlying legal reason or authority that allowed them to have it no longer exists.

  • Example 1: Rental Property

    Imagine a person who rents an apartment under a lease agreement for a specific period, say one year. During that year, the lease provides the legal "title" or right for them to occupy the property. If, at the end of the year, the lease is not renewed and the tenant has no other legal agreement to stay, their right to possess the apartment ceases. In this scenario, the apartment itself, and the right to live in it, are the "things" (quae) that are lost because the legal reason (the lease agreement) for holding them has ended (cadunt in non causam).

  • Example 2: Conditional Grant or License

    Consider a city that grants a temporary license to a street vendor, allowing them to operate a food stall in a designated public square during a specific annual festival. The license is the legal basis for the vendor's presence and operation. Once the festival concludes, the temporary license expires. The vendor then loses the right to operate their stall in that public square. The ability to operate in the square is the "thing" that is lost because the temporary license, which was the legal justification for that operation, has ceased to be valid.

  • Example 3: Company Assets

    An employee is provided with a company-issued smartphone and a company credit card for business use as part of their employment contract. The employment relationship is the legal "title" or basis that grants the employee the right to possess and use these items. If the employee resigns or is terminated, their employment (the underlying legal reason) ceases. Consequently, the employee loses the right to possess and use the company smartphone and credit card, and must return them. These items are the "things" that are lost or forfeited because the employment relationship, which provided the legal reason for their possession, has ended.

Simple Definition

Quæ cadunt in non causam is a historical legal principle referring to things, such as rights or property, that are lost. This loss occurs when the underlying legal title or basis by which one holds them ceases to exist.

The difference between ordinary and extraordinary is practice.

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