Casus rarior is a term used to describe an uncommon or extraordinary case. It pertains to a situation that is not typical or occurs infrequently. For instance, an individual with a rare illness can be classified as a casus rarior.
Casus rarior, a Latin term, refers to an extraordinary case. For instance, within the legal field, a casus rarior could arise when a situation has never been encountered before, posing challenges in the application of existing laws and regulations. An example of such a case would be when an individual is born with both male and female reproductive organs. This example demonstrates how a casus rarior represents an exceptional and uncommon scenario that lacks a straightforward solution. Consequently, the legal system may face difficulties in determining the person’s gender and in applying laws pertaining to gender identity.
Casus Rarior is a Latin term that translates to “rare case” in English. It refers to a legal concept where a situation is so unusual or unique that it is not covered by existing laws or precedents.
Casus Rarior can be invoked in legal cases where the circumstances are so exceptional that they require special consideration. It may be used to argue for a unique interpretation of the law or to request a deviation from standard legal procedures.
Yes, Casus Rarior can be used as a defence in a criminal case if the defendant can demonstrate that the circumstances of their actions were so extraordinary that they should be exempt from normal legal consequences.
Casus Rarior and force majeure are similar concepts in that they both refer to exceptional circumstances, but force majeure specifically applies to contractual obligations and is often defined in contracts, while Casus Rarior is a broader legal principle.
Courts will consider the specific facts and circumstances of the case to determine if it meets the criteria for Casus Rarior. They will assess whether the situation is truly exceptional and whether existing laws or precedents are inadequate to address it.
Yes, in some cases, Casus Rarior may lead to the establishment of new legal precedents if the circumstances are so unique that they prompt a reevaluation of existing laws and principles.
While Casus Rarior can be a powerful argument, it is not a guarantee of success. Courts may be cautious in applying this principle and will carefully consider whether the situation truly warrants an exception to standard legal rules.
Yes, Casus Rarior can be invoked in both civil and criminal cases if the circumstances are sufficiently exceptional to warrant special consideration.
The application of Casus Rarior is often left to the discretion of the courts, as there may not be specific statutes or rules that address every possible rare case. However, legal principles and precedents may guide the court’s decision.
If you believe that your case involves truly exceptional circumstances that are not adequately addressed by existing laws or precedents, you should consult with a qualified attorney to assess the potential application of Casus Rarior to your situation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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