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Caveat

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Let liim take heed; let him beware. A formal notice or warning to an officer or a court not to do a specified act; as, not to probate a will, grant letters of administration, issue letters-patent for an invention or for land, — until the person procuring the order can be heard in opposition to the con-, templated act or proceeding.2 Caveator. He who interposes a caveat.

Caveatee.

He against whom a caveat is interposed. Protects the rights of one person against rights which, without it, might arise in favor of another person out of the proposed proceeding. Thus, for example, it secm-es time to perfect an invention without the risk of a patent being granted to another — allows an opportunity to show priority of invention and title.' Caveat actor. Let the doer beware. Caveat emptor. Let the buyer beware..A purchaser of property must examine and ' judge for himself as to its title and quality, unless dissuaded by representations. In the absence of fraud or an express warranty, the purchaser of realty has no relief against a defect in the title, or for the unsuitableness of the land for a particular purpose, either of which an examination, which he was free to make, would have revealed. And so as to personalty, in the absence of imposition or of an express assurance, no warranty of title or of quality is implied. The maxim does not apply where a specific article is ordered for a known pui-pose, nor where merchandise is sold not by sample nof.under the Inducement of an express warranty, but with opportunity for thorough inspection. In other cases a warranty te implied that the article will reasonably answer the purpose for which it is ordinarily used. Where there is neither fraud nor warranty, and the buyer receives and retains the goods without objection, he waives his right to object afterward. Where the buyer has no opportunity to inspect, and no warranty is given, the law implies the condition that the thing shaU fau-ly answer the description in the contract.*