Monday, February 25, 2008

Latin Lovers

If the use of fancy English words such as "Hereuntobefore" does not confuse the lay person, lawyers will resort to using archaic legal words, preferably in Latin. The previous post brought back memories of my time at law school whereby latin words were thrown at us constantly.
One of the most well known phrases is caveat emptor which means "buyers beware". This is a warning to buyers to be aware that in most cases, they get what they pay for. That nice gleaming second hand car is usually sold without any warranty as to its condition. So if it breaks down as soon as you pay for it and drives it out of the stockyard, you're out of luck mate.
Suppose you signed a document without reading it. This is unfortunately quite common. I have known people who became guarantors for loans without realising its implications. When asked, the common reply is "aku mana tahu, aku sain saja". This is in law a plea known as scriptum predictum non est factum sum which translates to"he did not in truth consent to what he has done". Nowadays this plea is very rarely successful to deny liability. The law expects a a resonable person to take care what he signs. If he does not understand a legally binding document, then he should not sign first but seek legal advice. This is also true for a person who signs a blank document which the other party will fill in. So don't be too trusting. Read before you sign.Don't sign a blank document.That one signature might be a one way ticket to a whole lot of trouble and aggravation.

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