Legal Definitions - quae sapiunt delictum

quae sapiunt delictum

This Latin phrase translates to "things that partake of the character of a wrong" or "actions that have the nature of an offense." It refers to conduct or circumstances that, while perhaps not fitting the precise definition of a specific legal wrong (a "delict"), nonetheless possess the fundamental qualities or essence of a wrongful act.

In essence, it describes situations where an action or omission feels like or smacks of a legal offense, even if it might fall into a gray area or be difficult to prosecute under a specific statute. It focuses on the inherent nature of the act as being contrary to law or public good.

Here are some examples:

• Imagine a pharmaceutical company that aggressively markets a new drug, downplaying its severe side effects in promotional materials, even though internal studies revealed significant risks. While the company might argue they technically complied with disclosure regulations, their deliberate strategy to obscure potential harm for profit partakes of the character of a wrong. The action possesses the fundamental nature of a deceptive and harmful practice, even if it doesn't perfectly align with a specific fraud statute.

• Consider a local government official who, after approving a controversial rezoning request for a large development, immediately accepts a high-paying consulting position with the very developer whose project was approved. Even if no direct evidence of a bribe or illegal quid pro quo can be found, and no specific ethics violation is immediately apparent, the timing and circumstances of the official's actions partake of the character of a wrong. The situation strongly suggests an abuse of public trust and a conflict of interest, embodying the essence of an ethical or legal offense.