Legal Definitions - quae non recipiunt functionem

The Latin phrase quae non recipiunt functionem refers to items or goods that are so unique, specific, or irreplaceable that they cannot be substituted by another, similar item. In essence, they "do not supply the place of others" because their particular qualities make them one-of-a-kind.

This concept is important in legal contexts, particularly when determining damages or specific performance in contracts, as it distinguishes between goods that are fungible (interchangeable) and those that are not.

Here are some examples to illustrate this concept:

• A Historic Manuscript: Imagine a rare, handwritten manuscript from the 15th century, containing the only known copy of a significant historical text. If this manuscript were damaged or lost, it would be considered quae non recipiunt functionem. You could not simply replace it with another book or even a modern reproduction, as the original's historical value, unique physical characteristics, and direct link to the past are irreplaceable. No other item could truly "supply its place."

• A Custom-Built Yacht: Consider a yacht that was custom-designed and built for a specific client, incorporating unique materials, bespoke engineering, and personalized artistic elements that reflect the owner's exact vision. If this particular yacht were destroyed before delivery, it would fall under quae non recipiunt functionem. While another yacht could be built, or a similar one purchased, none would possess the precise combination of custom features, design specifications, and personal touches that made the original unique. A standard production yacht, or even another custom yacht, would not fulfill the exact function or value of the specifically commissioned vessel.

• A Specific Parcel of Land: A plot of land located at a prime intersection in a bustling city, offering unparalleled visibility and access for a commercial business, would be an example of quae non recipiunt functionem. Even if other plots of land are available nearby, none would possess the exact same combination of geographic location, traffic patterns, zoning regulations, and existing infrastructure that makes this particular parcel uniquely valuable for a specific development. Its distinct attributes mean no other piece of land could truly serve the identical function or hold the same strategic importance.