Legal Definitions - quae functionem recipiunt

quae functionem recipiunt refers to items that are interchangeable with other items of the same kind and quality. Their value is determined by their quantity or weight within a specific class, rather than by any unique characteristics of an individual item. In legal contexts, these are often referred to as fungible goods.

Here are some examples to illustrate this concept:

• Example 1: Standardized Industrial Raw Materials

  Imagine a manufacturing plant that orders 500 tons of a specific grade of aluminum ingots. The plant does not care about the individual history or unique features of each ingot. As long as the ingots meet the specified grade and weight, any one ingot is considered functionally identical and interchangeable with another. The value of the order is based on the total quantity (500 tons) and the class of material (the specific grade of aluminum), not on any unique characteristic of a particular ingot.

• Example 2: Mass-Produced Consumer Goods

  Consider a large electronics retailer ordering 1,000 units of a popular brand's entry-level smartphone model. Each smartphone of that specific model is intended to be identical in function, appearance, and value to every other phone of the same model. If one phone is found to be defective, it can be easily replaced by another identical unit from the same shipment or a subsequent one, without altering the overall value of the inventory or the customer's expectation. The value is tied to the quantity of the specific model, not to any unique attribute of a single device.

• Example 3: Agricultural Commodities

  A bakery chain contracts to purchase 20,000 pounds of "Grade A, unbleached, all-purpose wheat flour." The bakery is concerned with receiving the specified quantity and quality of flour. One bag of this flour is considered equivalent to any other bag of the same grade and type. The value of the transaction is based on the total weight and the established quality standards for that class of flour, rather than on any unique characteristic of an individual bag or a specific batch, as long as it meets the grade.