Casus

Concept of “Casus”

Traditional meaning of casus in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) Case; event; chance. Casus foederis: a case within a treaty, to which it applies. Casus fortuitus: an inevitable event; a chance occurrence. Casus fortuitus non est sperandus, et nemo tenetur divinare: a chance event is not to be expected, and no one is bound to foresee it. Casus major: an extraordinary casualty. Casus omissus: a case omitted, or unprovided for. Casus omissus et oblivioni datus dispositioni juris communis relinquitur: a case omitted and forgotten is left to the disposal of the common law.

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Notes and References

1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Casus”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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