CAVEAT (Latin for " let him beware," from cavere)

This article appears in Volume V05, Page 579 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: CAU-CHA

CAVEAT (Latin for " let him beware," from cavere) , in law, a notice given by the party interested (caveator) to the proper officer of a court of justice to prevent the taking of a certain step without warning. It is entered in connexion with dealings in land registered in the land registry, with the grant of

marriage

MARRIAGE

licences, to prevent the issuing of a lunacy commission, to stay the probate of a will, letters of administration, &c. Caveat is also a

term

TERM

used in United States patent law (see PATENTS).
Caveat emptor (" let the buyer beware ") is a

maxim

MAXIM, SIR HIRAM STEVENS (184o- )

which implies that the responsibility for making a bad bargain over a purchase rests On the purchaser. In an

ordinary

ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

contract

for the sale of goods, there is no implied warranty or

condition

CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

as to the quality or fitness for any particular purpose of the goods supplied, with certain exceptions, and, therefore, the buyer takes at his own

risk

RISK

. The

maxim

MAXIM, SIR HIRAM STEVENS (184o- )

does not apply (a) where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and that the goods are of a description which it is in the course of the seller's business to

supply

SUPPLY (through Fr. from Lat. supplere, to fill up)

; (b) where goods are bought by description from a seller who deals in goods of that description, for there is an implied

condition

CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

that the goods are of merchantable quality, though if the buyer has actually examined the goods, there is no implied condition as regards defects which the examination ought to have revealed; (c) where the usage of trade annexes an implied warranty or condition to the goods as to their quality or fitness for a particular purpose. The maxim of caveat emptor is said to owe its origin to the fact that in early times sales of goods took place principally in market overt. (See further SALE OF GOODS.) ' CAVEDONE, JACOPO (1577-166o), Italian painter, born at Sassuolo in the Modenese, was educated in the school of the Caracci, and under them painted in the churches of Bologna. His' principal works are the " Adoration of the Magi," the " Four Doctors," and the ` Last Supper "; and more especially the " Virgin and Child in

Glory

GLORY (through the O. Fr. glorie, modern gloire, from Lat. gloria, cognate with Gr. KXebs, abets)

," with San Petronio and other saints, painted in 1614, and now in the Bolognese

Academy

ACADEMY, GREEK
ACADEMY, ROYAL

. Cavedone became an assistant to Guido Reni in Rome; his art was generally of a subdued undemonstrative character, with rich Titianesque colouring. In his declining years his energies broke down after his wife had been accused of witchcraft, and after the death of a cherished son. He died in extreme poverty, in a stable at Bologna.

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