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Simple English definitions for legal terms
damnum fatale
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A quick definition of damnum fatale:
Term: DAMNUM FATALE
Definition: Damnum fatale is a Latin term that means "unavoidable damage." In Roman law, it refers to damage caused by an unavoidable circumstance, such as a storm or a shipwreck, for which bailees or others will not be held liable. However, if the damage is caused by theft, the bailees or others will be held liable. Innkeepers, carriers, and stable keepers were under an obligation to restore all goods which the guests or passengers had with them or left in their charge, and they could not defend themselves by showing the utmost degree of diligence. Unavoidable accident, which no human prudence would avert or provide against, damnum fatale, or overwhelming force, vis maior, were, however, an adequate defense.
A more thorough explanation:
Definition: Damnum fatale (dam-nuhm fuh-tah-lee) is a Latin term used in Roman law to refer to unavoidable damage caused by circumstances beyond anyone's control, such as a natural disaster or a shipwreck. In such cases, bailees or others will not be held liable for the damage.
For example, if a ship carrying goods is caught in a storm and the goods are lost, the bailee (the person who was entrusted with the goods) will not be held responsible for the loss because it was caused by an unavoidable circumstance.
However, there is an exception to this rule. If the damage is caused by theft, the bailee will be held responsible. This is because travelers or guests have little chance to protect themselves against collusion between the innkeeper or carrier and the thief.
Overall, damnum fatale refers to damage that is beyond anyone's control and cannot be prevented, and therefore, the person responsible for the goods or property will not be held liable for the damage.