Legal Definitions - quae servando servari nequeunt

The Latin phrase quae servando servari nequeunt translates to "things that cannot be preserved uninjured by keeping." This legal principle refers to items that, due to their inherent nature, will inevitably deteriorate, spoil, or lose their value and integrity over time, even if attempts are made to store or maintain them.

It most commonly applies to perishable goods or items that have a limited lifespan and cannot be kept indefinitely without suffering damage or becoming worthless. In legal contexts, this concept can be relevant when determining responsibility for spoilage, the need for immediate sale, or the impossibility of returning an item in its original condition.

• Example 1: A Shipment of Fresh Produce

  Imagine a large delivery of ripe strawberries intended for a grocery store. Despite being kept in refrigerated conditions, strawberries have a very short shelf life and will begin to rot and become unsellable within a few days. If there's a legal dispute over the quality or delivery of these strawberries, the concept of quae servando servari nequeunt would apply because the berries simply cannot be preserved indefinitely in an "uninjured" (i.e., fresh and edible) state, regardless of careful storage.

• Example 2: Live Tropical Fish

  Consider a consignment of exotic tropical fish being transported to an aquarium. These are living creatures that require specific water conditions, temperature, and oxygen levels to survive. Even with the best possible care during transit and upon arrival, they have a limited lifespan and are highly susceptible to stress, disease, or environmental changes. If a delay occurs or conditions are suboptimal, the fish may perish. This illustrates the principle because the fish, as living beings, cannot be "preserved uninjured" indefinitely; their very nature dictates a finite existence and vulnerability to external factors.

• Example 3: Medical Research Samples

  A pharmaceutical company might be storing highly sensitive biological samples for a clinical trial, such as specific cell cultures or enzyme solutions. Even when kept in specialized freezers at ultra-low temperatures, these samples often have a defined viability period beyond which their molecular structure degrades, rendering them scientifically useless. If a legal issue arises regarding the integrity of these samples after their viability period, the company might argue that, despite all preservation efforts, the samples fall under quae servando servari nequeunt because their inherent biological nature dictates a limited period of usefulness, making indefinite preservation of their "uninjured" scientific utility impossible.