Legal Definitions - rei interitus

Rei interitus is a Latin legal principle that historically refers to the destruction of a specific thing. This concept was particularly significant in older legal systems, especially concerning contracts, property, and obligations, where the physical existence of an item was crucial to the fulfillment of an agreement or the determination of rights. If the specific item central to a legal arrangement was destroyed, it could profoundly impact the parties' obligations and liabilities.

• Example 1: A Unique Commissioned Artwork

  Imagine a scenario from centuries past where a wealthy patron commissions a renowned sculptor to create a statue from a specific, rare block of marble. Before the sculptor even begins carving, the unique marble block is accidentally dropped during transport and shatters into irreparable pieces.

  Explanation: The shattering of the specific, irreplaceable marble block constitutes rei interitus. Because the very "thing" (the unique marble block) upon which the contract depended has been destroyed, the sculptor is discharged from the obligation to create the statue from *that particular block*. The destruction makes the performance of the original, specific agreement impossible.

• Example 2: A Specific Animal in a Trade Agreement

  Consider two farmers in a historical setting who agree to a trade: Farmer A will give Farmer B his prize-winning dairy cow, "Bess," in exchange for a specific parcel of land. Before the exchange can be finalized and Bess delivered, the cow tragically contracts a sudden, fatal illness and dies.

  Explanation: The death of the specific cow, Bess, is an instance of rei interitus. Since the contract explicitly stipulated "Bess" as the item to be exchanged, her destruction means that the specific performance of the agreement (delivering Bess) is no longer possible. This destruction would likely void the original trade agreement concerning that specific cow, requiring the parties to renegotiate or abandon the deal.

• Example 3: A Leased Building Destroyed by Fire

  In a medieval town, a merchant leases a specific warehouse for storing his goods for a period of five years. Two years into the lease, an accidental fire completely engulfs and destroys the warehouse, rendering it unusable.

  Explanation: The complete destruction of the specific warehouse represents rei interitus. Since the "thing" being leased (the warehouse) no longer exists in its functional form, the purpose of the lease agreement is fundamentally undermined. Historically, this destruction would typically terminate the lease, as the merchant can no longer use the specific property as agreed, and the landlord cannot provide it.