The Language of Law

Behind every contract lies a set of timeless legal principles, many of which are expressed in Latin. These centuries-old maxims may sound ancient, but they continue to shape modern contract law. Understanding these expressions offers valuable insight into the language and logic of the law. 1. Pacta sunt servanda - Agreements must be kept - A fundamental principle of contract law: valid contracts are binding and must be performed. 2. Bona fide - In good faith - Parties must act honestly and fairly toward each other in negotiating, performing and enforcing contracts. 3. Consensus ad idem - Meeting of the minds - There must be agreement on the same terms for a contract to be formed. 4. Animus contrahendi - Intention to contract - Parties must have the intention to create legal relations for a contract to be valid. 5. Error in negotio - Mistake as to the nature of the transaction - A fundamental mistake about what the contract is may render it void. 6. Error in persona - Mistake as to the identity of the person - A mistake about the identity of the other party may affect the validity of the contract in certain cases. 7. Caveat subscriptor - Let the signer beware - A person who signs a document is presumed to know its contents and is bound by it. 8. Void ab initio - Void from the outset - The contract is treated as if it never had any legal effect from the beginning. 9. Mutatis mutandis - With necessary changes having been made - A rule or term is applied to another case or contract with the necessary adjustments. 10. Force majeure - Superior force - A clause used in contracts to excuse performance when extraordinary events beyond control occur. 11. Inter alia - Among other things - Used to indicate that a list is not exhaustive; there are other items in addition to those mentioned. Disclaimer: The information contained in this post is provided for general informational purposes only and does not constitute legal advice. For legal advice specific to your circumstances, please contact me directly.