Legal Talk

In the world of contracts the phrases CAVEAT EMPTOR and CAVEAT SUBSCRIPTOR are often used- CAVEAT EMPTOR means 'let the buyer beware'. This places the risk on the buyer who is required and expected to do proper checks and balances before agreeing to buy a product or service. If a product was obviously defective at the time he purchased it, he cannot later claim a refund. [Incidentally there are laws in place such as The Consumer Protection Act, which places the risk on the supplier or seller and not the buyer].

CAVEAT SUBSCRIPTOR - This mean 'let the signer beware'. This is used in those instances where any person signing a document or contract is expected to know and understand what he or she is getting into. However it's important to bear in mind that where a consumer is involved, we now have laws in place which protects his rights and requires certain contracts to be in plain and easy to understand language.

When it comes to personal injury or damages claims, the "reasonable man's test" is the yardstick which is used by the courts. To decide what is reasonable or not, the phrase "diligens paterfamilias" is often heard. Diligens paterfamilias literally means the head of the household who is careful and diligent and is a test, which is used to measure the concept of "the reasonable man". The question which would be asked by the court is whether a diligens paterfamilias would have been able to foresee the reasonable possibility that certain conduct would cause harm and what steps he or she took to avoid that harm.

CULPA - means negligence and is viewed as a failure to exercise the standard of care that a 'reasonable man' would have exercised under given circumstances.

INSPECTION IN LOCO - these are inspections made by the court to inspect the place where a crime was committed or where an accident or injury occurred.

DE MINIMIS NON-CURAT LEX - literally it means that the law does not concern itself with trifles. The principle being that if a violation of a law is so small it will be considered to be of no consequence or bearing whether in civil or criminal proceedings.

A NULLA BONA return is when Sheriff or deputy-sheriff of the court indicates that the debtor against whom a judgment was made, does not have sufficient property, which can be attached in order to be sold to satisfy the judgment.

PRO NON-SCRIPTO - in certain instances the court will disregard a particular clause in a will or contract as if it was not written.

SUBPOENA - This is a document issued by the court and is used to compel the attendance of a person to court.

PROXIMO - means the next month.

ULTIMO - means the previous month.

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