Cautionry

In Scotch law

Suretyship. 1 Forhei' Inst, part 2, b. 3, ch. 2, tit. 3.

CAVEAT* Lat. [from cavere, to take care, or beware.].

Let him beware

A formal notice, or caution, given by a party interested, to a court, judge, or public officer, against the performance of certain judicial or ministerial acts. P, Cyclopt Bdia, A process used in the spiritual courts in England, and in courts of similar jurisdiction in the United States, to prevent the proving of a will, or the granting of administration; and in the English and United States courts, to prevent the granting of letters patent.

3 BL Cam. 98, 246. Lovelas8 on Wills, 36. 2 StepL Com, 89.

Doners Abr, c.

223.

In American law

A kind of equitable process, resembling an injunction, issued to prevent the granting of a patent for lands.

3 Cal Vs R, 495. 2 Hilliard's Real Prop, 251, note (1).

The expressions " to caveat** " a caveator** are used in some of the states.

4 Call, 196. 3 Id, 28.

The object and effect of a caveat are to stay the proceedings, in order to allow the party interested an opportunity of contestmg the validity of the will, or the right to the administration, or letters patent.

2 Chitt. Gen. Pract, 502, 503. 3 Bl.Com. 98.

CaTMit emptor

Let the buyer take care; the buyer must take care, or be on his guard.

Hob. 99. Co. Lilt 102 a. 2 Inst, 714.

The purchaser must examine for himself the article offered to him for sale, and exercise his own judgment respecting it. If he purchase without examination, or after a hasty examination, or in mere reliance upon the seller, and the article turns out to be defective, it is his own fault, and he has no remedy against the seller, unless the latter expressly warranted the article, or made a fraudulent representation concerning it, or, knowing it to be defective, used some art to disguise it. This is a leading maxim of the law relating to the contract of sale; and its application is not affected by the circumstance that the price is such as is usually given for a soimd commodity. 2 Steph. Com. 126, and cases cited ibid.

Cro. Jac. 2. 1 Smith* s Leading Cases, 78. Broom* s Maxima, 354. 2 Wooddes. Lect. 251.

2 Ktnt*s Com. 478 — 488, and notes.

1 St<yry*s Eq. Jur. § 212.

It seems to have been originally applicable not to the quality, but the title of the goods sold.

H<A>. 99. Stat. 13 Edw. I. c. 40. Tear Book, 14 Hm. VIII. 8. 2 Wooddes. Lect. 251, note.

In modem law, however, the rale is, that if the seller has possession of the article, and sells it as his own, and not as agent for another, and for a fair price, he is understood to warrant the title.

2 Kent*s Com. 478.

Lord Hobart, in the case of Moore v. Hussey, refers to the statute of Westminster 2, c. 14. [40], as giving this maxim at length in the following words, Ca Teat eaiplor fnl igaorare non debnit %mmd jns alie- Bvai enilt, (let the purchaser beware, who should not be ignorant that he is buying the right of another.) Hob. 99. The important word caveat, however, is not used in the passage of the statute referred to, which is in the following words: Expectet emptorqui ignorare non debuit quod jus alienum emit) usque ad cetatem warranti sui, &c.; the purchaser shall wait, (who Ought not to have been ignorant that he bought the right of another,) until the age of his warrantor, &c. The case of a sale of goods does not appear to be contemplated by the statute.

2 Inst. 455.