Legal Definitions - quod si contingat

Quod si contingat is a historical Latin phrase that translates to "that if it happen." In historical legal documents, particularly deeds and other instruments transferring property or rights, this phrase was used to introduce a condition. It signified that a particular action, right, or obligation would only come into effect, or would cease, if a specified future event or circumstance occurred. Essentially, it created a contingency, making a legal outcome dependent on a future happening.

While no longer used in modern legal drafting, understanding this phrase helps interpret older legal texts and appreciate the historical roots of conditional clauses in law.

• Example 1 (Property Deed): Imagine an old deed from the 17th century transferring a parcel of land from a noble family to a local monastery. The deed might have stated: "...to the Monastery of Saint Francis, for the perpetual use of its brethren, quod si contingat the monastery shall ever cease its religious functions, then ownership shall revert to the grantor's heirs."

  This illustrates quod si contingat by establishing a condition for the land transfer. The monastery receives the land, but if it happens (quod si contingat) that it ceases its religious functions, then the ownership automatically reverts. This makes the monastery's ownership conditional on its continued operation.

• Example 2 (Historical Agreement): Consider a historical agreement between a town council and a master builder for the construction of a new public market. The agreement could have included a clause like: "...the master builder shall receive the final payment upon completion of the market, quod si contingat the market roof shall leak within five years of its construction, then a penalty of fifty gold coins shall be deducted."

  Here, quod si contingat introduces a condition for a penalty. The master builder gets the main payment upon completion, but a deduction is contingent upon a future event: if it happens that the roof leaks within a specified period.

• Example 3 (Will or Testament): An old will from the 18th century might leave a substantial sum to a distant relative with a specific condition. The will could read: "...I bequeath my country estate to my cousin, Eleanor Vance, quod si contingat she shall marry a person of noble birth, then an additional sum of one thousand pounds shall be disbursed to her."

  This example shows quod si contingat creating a condition for an additional part of the inheritance. Eleanor receives the main estate, but an extra sum is conditional if it happens that she marries someone of noble birth.