RATIONE

ratione (ray-shee-oh-nee or rash-ee-oh-nee). [Latin] By reason; on account.

ratione bonorum (b<<schwa>>-nor-<<schwa>>m). By reason of property.

ratione causae (kaw-zee). By reason of the nature of the case.

ratione contractus (k<<schwa>>n-trak-t<<schwa>>s). By reason of the contract.

“By entering into a contract, the contracting parties may … render themselves amenable to the

jurisdiction of a judge to whose jurisdiction they would not have been amenable had the contract

not been entered into. Thus, a foreigner, for the time being domiciled in Scotland, entering into a

contract there with a Scotchman … renders himself amenable to the jurisdiction of the Scotch

courts in any question arising out of the contract, for the parties … are presumed to have had the

law and the courts of Scotland in view as the forum… and a jurisdiction thus founded is said to

arise ratione contractus.” John Trayner, Trayner’s Latin Maxims 540 (4th ed. 1894).

ratione delicti (di-lik-tI). On account of the delict.

ratione domicilii (dom-<<schwa>>-sil-ee-I). By reason of domicile; on account of residence.

  • The phrase appeared in reference to the foundation of jurisdiction in many civil cases.

ratione habita (hab-i-t<<schwa>>). Regard being had (of particular factors or circumstances).

ratione impotentiae (im-p<<schwa>>-ten-shee-ee). By reason of inability. • This was the

basis for a property right in young wild animals that were unable to run or fly. See FERAE

NATURAE.

ratione incidentiae (in-si-den-shee-ee). By reason of the incident.

ratione loci (loh-sI). By reason of place. • This was the basis for a property right in rabbits

and hares.

ratione materiae (m<<schwa>>-teer-ee-ee). By reason of the matter involved.

ratione originis (<<schwa>>-rij-<<schwa>>-nis). By reason of one’s origin.

ratione personae (p<<schwa>>r-soh-nee). By reason of the person concerned.

ratione privilegii (priv-<<schwa>>-lee-jee-I). By reason of privilege. • This was the basis for

a property right in animals of warren. See WARREN.

ratione rei sitae (ree-IsI-tee). By reason of the situation of a thing.

ratione soli (soh-lI). By reason of the soil. • This was the basis for a property right in bees.

ratione subjectae materiae (s<<schwa>>b-jek-tee m<<schwa>>-teer-ee-ee). On account of

the subject matter.

ratione suspecti judicis (s<<schwa>>-spek-tIjoo-di-sis). On account of the judge being

suspected. • This referred to a judge’s recusal in a case.

ratione tenurae (ten-y<<schwa>>-ree). By reason of tenure. [Blacks Law 8th]