Legal Definitions - casus incogitati

Definition: Casus incogitati (kay-suh-s in-koj-i-tay-tee) is a Latin term used in law to refer to circumstances that were not previously considered or thought of. These circumstances may not have been addressed in a legal document or agreement, but can still be determined on equitable grounds.

Examples:

• A contract between two parties did not include a clause for what would happen if one of the parties became incapacitated. This is a casus incogitati that would need to be addressed on equitable grounds.
• In a divorce settlement, the division of property did not account for a valuable antique that was discovered after the settlement was finalized. This is another example of a casus incogitati that would need to be addressed on equitable grounds.

These examples illustrate how casus incogitati can arise in legal situations where unforeseen circumstances occur. Even if a legal document or agreement does not specifically address a particular situation, it can still be resolved fairly and equitably based on the circumstances at hand.