Legal Definitions - quare

Quare is a Latin term meaning "why," "for what reason," or "on what account."

Historically, this term was a fundamental component of various common-law legal documents, particularly in formal written commands known as writs. These writs were used to initiate legal proceedings and often demanded an explanation from a defendant for an action that was considered wrongful or an infringement of someone's rights. The inclusion of "quare" in a writ signaled that the court or the party bringing the suit was seeking a justification or reason for the alleged misconduct, essentially asking, "Why did you do this?" or "On what basis did this occur?"

Here are some examples illustrating its historical application:

• Imagine a situation where a farmer discovered that a neighboring rancher had repeatedly allowed their cattle to graze on the farmer's private pasture without permission. In a historical legal action for trespass, the writ initiating the lawsuit might have contained language like "quare clausum fregit," which translates to "why he broke the close" (meaning, why he trespassed on the land). This phrase directly questioned the rancher's reason for infringing upon the farmer's property rights.

• Consider a scenario where a valuable piece of artwork was unlawfully removed from a collector's home. A historical legal document seeking the return of the artwork or compensation for its loss might have used "quare" to demand an explanation from the person who took it. For instance, it could ask "quare bona et catalla cepit," meaning "for what reason did he take the goods and chattels," thereby challenging the justification for the unauthorized taking.

• In a historical dispute where a local lord or official seized a commoner's property without apparent legal cause, a writ challenging this action would have employed "quare" to compel the official to provide a justification. The writ would effectively ask "on what account" or "by what authority" the seizure was carried out, demanding a clear explanation for the official's actions.