Many years ago, during the 1960s, I was a young and very green Policeman. Think Heartbeat rather than Life On Mars, Z Cars rather than The Bill. (Imagine Constable Sargent!). Working in rural Sussex was not very exciting – all cattle markets and sheep registers. It was only when I moved to The Met did life get (very) interesting! But I hated living in London!
In those days, we were trained in a very intensive manner, with a fair degree of militaristic influence. Bearing in mind that most of the older officers had seen active service, or National Service, this was not surprising.
Part of this training involved learning ‘Definitions’. There were ninety in total, some very short, others more complex, but we all learnt these short legal descriptions that somehow encapsulated and dealt with virtually any situation that could arise when out on the beat. No matter what, there was always a ‘definition’ that would cover it, giving one greater confidence in time of trouble or difficulty.
Even after more than 45 years, I can still remember them all! One of my favourites was the definition of Circumstantial Evidence. ‘Circumstantial Evidence means evidence not of the actual fact to be proved, but from other facts from which that fact may be presumed with more or less certainty’. Or how about ‘Wounding’? ‘To constitute a wounding, the whole skin must be broken’. There were another 88 of those gems!
‘What on earth use is that to you now’ I hear you ask! Nothing at all, except that I learnt the value of carrying another set of ‘definitions’ in my head, this time dealing with situations that arise when dealing with situations and relationships with clients and other professionals, especially when it comes to contracts.
I will set out a number of Latin Terms, commonly used in Contract Law, together with a more literal translations, and an instant where they may occur/be used.
Ab initio ‘from the beginning’ Commonly used when referring to the time a contract became legal/was signed and dated.
Ad hoc ‘for this’ Commonly used to signify a solution for a specific issue, not for general use.
Ad homineum ‘ at the person’ This concerns an attack on a person and their character rather than dealing with a specific issue. Perhaps when an opponent has no answer to an argument, but attacks the individual instead.
Ad infinitum ‘ to continue forever’ Self explanatory
Ad quod damnum ‘ according to the harm’ This implies that the penalty or reward should correspond to any damage suffered or harm done in any given situation.
Ad valoreum ‘according to value’ Self explanatory, but see also Quantum meruit
Bone fide ‘ in good faith’ Often used to convey a genuine person or situation, more correctly indicates good intention regardless of outcome.
Caveat ‘may he be aware’ When used on its own, refers to a qualification to a contract.
Caveat emptor ‘buyer beware, or let the buyer beware’ A general warning to check all matters carefully before committing. If a buyer has not taken reasonable precautions to make such checks, they are liable for any shortfall.
De die in deum ‘from day to day’ This refers to a type of labour contract in which the contractor is paid on completion of each days’ work.
De facto ‘ concerning fact’ Usually taken to mean ‘For all intents and purposes’ Self explanatory
Ex gratia ‘By favour’ Means something done in a voluntary manner, without any expectation of legal liability. Often incorrectly taken as meaning ‘without charge’ – see pro bono
Ex turpi causa non oritur actio ‘from a dishonourable cause an action does not arise’ This means that a person cannot bring a legal action for consequences of his own illegal action. Could be used in several instances and situations involving disputes over land use/boundaries etc.
Extant ‘existing’ Refers to things that actually exist, and not those that may have existed.
Ignorantia juris non excusat ‘ ignorance of the Law is no excuse’ Self explanatory
In omnibus ‘in all’ Something applying to every aspect of a situation or contract.
In pari delicto ‘in equal offence’ When both parties are equally at fault.
In solidum ‘ for the whole’ Used where a group of person share liability for a situation/debt, such as a group of contractors/designers if they co-signed a contract. A debtor can sue the group as a single person to recover the whole amount owed.
Indicia ‘ indications’ Often used in copyright notices, refers to distinctive markings that identify a piece of intellectual property.
Ipso facto ´by the fact itself’ Used in the context that one event is the direct result of another.
Nemo auditor propriam turpitudem allegans ´no one can be heard who invokes his own guilt’ Nobody can bring a case that stems from their own illegal act. Useful in a case of theft or other illegal act if a person sues for damages caused by their own illegal act.
Par delictum ‘equal fault’ Used when both parties are at fault in an case or dispute.
Prima facie ‘ first face’ A matter that is obviously true when based on the evidence presented.
Pro bono ‘for the public good’ Professional work carried out for free.
Pro rata ‘ from the rate’ from which something may be calculated based on a given rate.
Quantum meruit ‘ as much as it deserves. As much as he has earned’ A very important part of a landscapers contract. This law permits payment for those works that have been completed, even if the whole of the contract has not been fulfilled. Payment of a reasonable rate for given circumstances at the end of an emergency job e.g. storm damaged trees even if those rates were higher than normal.
Quid pro quo ‘this for that’ An equal exchange of goods or services, even if not of equal monetary value. That what was agreed as ‘this for that’
Respondeat superior ‘ let the master answer’ This is the concept that the employer is responsible for the actions of his employees.
Vis major (or Force majeure) ‘ greater or superior force’ Events over which humans can have no control – Act of God.
There will be instances that do not apply completely with these definitions, but they will give you a good idea of how the Law works. I am not a lawyer, and would never assume to have the answers to any legal questions. I have however, had twenty years’ experience as an Expert Witness in a variety of Court cases, many of which would never have gone to court if only the litigants had awareness of the above Terms.
For further clarifications, if you look up each definition on the Internet or in a dictionary, you will find a more detailed explanation of each. I have shown several examples of genuine cases in The Landscapers Survival Manual, explaining in detail how and when the ‘knowledge’ proved very useful!