Legal Definitions - casus male inclusus

Definition: Casus male inclusus (kay-suhss mah-lee in-kloo-suhss) is a Latin term that means "case wrongly included." It refers to a situation that is provided for by a statute or contract, but the provision's literal application has unintended consequences.

One example of casus male inclusus is a contract that specifies a penalty for late delivery of goods. However, if the delay is caused by a natural disaster or other unforeseeable event, the penalty may not be appropriate. In this case, the provision in the contract is wrongly included because it does not take into account the possibility of events beyond the control of the parties involved.

Another example is a law that requires all businesses to close on Sundays. While this law may have been intended to promote religious observance, it may have unintended consequences for businesses that rely on Sunday sales. In this case, the law is wrongly included because it does not take into account the impact on businesses.

These examples illustrate how casus male inclusus can occur when a provision is written too narrowly and does not consider all possible scenarios. It is important to carefully consider the language used in contracts and laws to avoid unintended consequences.