Search results
Results from the WOW.Com Content Network
Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase caveat emptor and its use as a disclaimer of warranties arises from the fact that buyers typically have less information than the seller about the good or service they ...
Nemo dat quod non habet, literally meaning "no one can give what they do not have", is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title.
Organ, 15 U.S. (2 Wheat.) 178 (1817), is a case decided by the Supreme Court of the United States that established the rule that buyers need not disclose advantageous information to sellers. This rule should not be confused with either caveat emptor —a rule placing the burden of due diligence on the purchaser of goods—or caveat venditor ...
Seixas & Seixas v. Woods [1] 2 Cai. R. 48 [2] (N.Y. Sup. Ct. 1804) was an 1804 American case which contributed to precedent around the doctrine of caveat emptor.The plaintiff Seixas & Seixas purchased wood from the defendant and alleged that he had been delivered a lower grade of wood than he had contracted to purchase.
Caveat emptor Chandelor v Lopus (1603) 79 ER 3 [ 1 ] is a famous case in the common law of England . [ 2 ] It stands for the distinction between warranties and mere affirmations and announced the rule of caveat emptor (buyer beware).
"Common" here does not mean "ordinary", but "common to every situation" communis opinio: common opinion: prevailing doctrine, generally accepted view (in an academic field), scientific consensus; originally communis opinio doctorum, "common opinion of the doctors" compos mentis: in control of the mind: Describes someone of sound mind.
caveat: May he beware When used by itself, refers to a qualification, or warning. caveat emptor: Let the buyer beware In addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief from a seller for defects present on property which rendered it unfit for use. / ˈ k æ v i æ t ˈ ɛ m p t ɔːr ...
WH Hamilton, 'The Ancient Maxim Caveat Emptor' (1931) 50 Yale Law Journal 133, who shows that caveat emptor never had any place in Roman law, or civil law, or lex mercatoria and was probably a mistake when implemented into the common law. G Malynes, Consuetudo vel lex mercatoria (London, 1622) Paul Milgrom, Douglass North, & Barry Weingast.