Condictio Causa Data Causa Non Secuta Notes (3)

Definition of the Condictio Causa Data Causa Non Secuta

  • A legal claim to recover an enrichment given for a lawful future purpose outside of a contract, which ultimately failed.
    • Example: If Person P gives Person D an engagement ring and D decides not to marry P, P can claim the ring back under this doctrine.

Roman Law Context

  • The condictio causa data causa non secuta provides a remedy when a non-contractual agreement fails.
    • Example: If P pays D to free a slave but D does not do so, P can recover the payment via the condictio.

Early Scots Law

  • The principle of restitution applies when things come into possession without a cause and then the underlying reason for possession ceases. This leads to an obligation to return them.
    • Quote from Stair's Institutions: "the duty of restitution extends to those things… if the cause cease by which they become ours… either must restore."
  • Relevant cases under the condictio include property received in contemplation of marriage that does not occur.

Key Cases

  • Shilliday v Smith (1998) SC 725:
    • Person P improved D’s house expecting marriage, which did not happen. P could recover costs based on condictio c.d.
  • Satchwell v McIntosh (2006) SLT (Sh Ct) 117:
    • Applied the condictio in non-marriage cohabitation arrangements.
  • Virdee v Stewart [2011] CSOH 50:
    • P built a house on D's land with an informal understanding. Conflict arose, leading P to claim unjustified enrichment; claim deemed prescribed after five years, suggesting condictio c.d. could have been more effective.
  • Thomson v Mooney [2013] CSIH 115:
    • A marriage agreement failed (2005) but claims could only be raised when the relationship ended in 2007. The five-year prescription period was in favor of P.

Distinguishing Claims

  • Agreed Future Purpose vs. Unilateral Motive:
    • There must be an agreement for the condictio c.d. to apply (e.g., agreement to marry). Merely giving something out of goodwill does not satisfy this.
    • Case Reference: Grieve v Morrison (1993)

Other Roles of the Condictio C.D.

  • Traditionally used for non-contractual agreements, it can also apply in contexts involving contracts, particularly when a contract is frustrated (e.g., Cantiere San Rocco v Clyde Shipbuilding Co Ltd).

Condictio ob Turpem vel Iniustam Causam

  • Recognized in Roman law, this claim allows recovery for transfers made for immoral or illegal purposes, even if the intended purpose is fulfilled.
    • Scottish Law: Still recognized but with less importance than in Roman law.
    • Key Cases: Cuthbertson v Lowes (1870), Jamieson v Watt's Tr (1950).
  • Relevant English Case: Patel v Mirza (2017).

Summary Points

  • The condictio c.d. allows recovery for benefits given towards a failed future purpose outside a formal contract.
  • It has additional applications in contract law under specific conditions and contexts.
  • The condictio ob turpem focuses on recovering benefits given for immoral or illegal reasons.