Caveat

The caveat is a remedy given to prevent a patent from issuing in certain cases where the directions of the law have been violated to the injury of the commonwealth, or where some other person hath a better right.

Lat. Let him beware. A formal notice or warning given by a party interested to a ceurt, judge or ministerial officer against the performance of certain acts within his power and jurisdiction. This process may be used in the proper courts to prevent (temporarily or provisionally) the proving of a will or the grant of administration or to arrest the enrollment of a decree in chancery when the party intends to take an appeal, to prevent the grant of letters patent, etc. It is also used, in the American practice, as a kind of equitable process, to stay the granting of a patent for lands. Wilson v. Gaston, 92 Pa. 207; Slocum v. Grandin, 38 N. J. Eq. 485; Ex parte Crafls, 28 S. C. 281, 5 S. E. 718; In re Miller's Estate, 166 Pn. 97, 31 Ali. 58.

In patent law. A caveat is a formal written notice given to the officers of the patent-office, requiring them to refuse letters patent on a particuiar invention or device to any other person, until the party filing the caveat (called the "caveator") shall have an opportunity to establish his claim to priority of invention.

I. Let him beware; let him take heed. A formal notice, or caution to a court, judge or public officer not to do a certain act, or not without notice to the caveator; as not to probate a will, grant letters of administration, issue letters patent for an invention or for lands, enroll a decree in chancery where an appeal is contemplated, etc., until the caveator can be heard in opposition to the contemplated act or proceeding. Caveat actor: let the doer beware. Caveat emptor: let the purchaser take care; which means that in the absence of warranty or special covenant the seller guarantees neither quality nor title; and it applies upon a sale of lands as well as upon a sale of goods; — qui ignorare non debnit quod jus alienum emit: let the purchaser take care, who ought not to be ignorant that he is buying another's right Caveat viator: let the traveler take care, — i. e., in detecting and avoiding defects in the way. Caveat vicecomes: let the sheriff beware.

In the civil law. Caveat venditor: let the seller take heed; which means that a fair price upon sale of a chattel imports a warranty of quality as well as of title. Opposed to the rule of caveat emptor of the common law.

Lat. Let him beware. A formal notice or warning given by a party interested to a court, judge, or ministerial officer against the performance of certain acts within his power and jurisdiction. This process may be used in the proper courts to prevent (Lemporarily or provisionally) the proving of a will or the grant of administraan appeal, to prevent the grant of letters patent, ete. It isalsoused, in the American practice, as a kind of equitable process, to stay the granting of a patent for lands.

In patent law. A Caveat is a formal written notice given to the officers of the patent-office, requiring them to refuse letters patent on a particular invention or device to to any other person, until the party filing the caveat (called the “eaveator”) shall have an opportunity to establish lis claim to priority of invention.

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.*

(Let him beware.) A formal notice to a court or a judicial or ministerial officer not to do some act, or not without notice to the "caveator." It is filed by the party having interest in the matter, to prevent the enrolment of a decree in Chancery when an appeal is contemplated, to prevent the probate of wills, granting letters of administration, letters patent, a patent for lands, and in other cases. Caveat emptor: let the purchaser take care. [In the absence of warranty or special covenant, the seller guarantees neither title nor quality of the goods or lands.] Caveat emptor, qui ignorare non debuit quod jus alienum emit: let the buyer take care, who ought not to be ignorant that he is buying another's right.

practice, that he beware. Caveat is the name of.a notice given by a party having an interest in the same, to some officer not to do an act, till the party giving the notice shall have been heard; as, a caveat to the register of wills, or judge of probate, not to permit a will to be proved, or not to grant letters of administration until the party shall have been heard. A caveat is also frequently made to prevent a patent for inventions to be issued. Ayjl. Parer. 145; Nelson’s Ab. h. t.; Dane’s Ab. c. 223, a. 15, § 2, and a. 8, § 22.