The Law Lab

In the whirlwind bustle of commercial life, where deals are made and changed as often as words in a conversation, an ancient rule still applies—one that every resourceful buyer should have in mind: caveat emptor. The maxim is derived from Latin and can be translated as "let the buyer beware." But what is actually meant by it in a contemporary sense, and how is this rule being interpreted today? In other words, caveat emptor places the burden of discovery on the buyer; it is upon the buyer to make every possible effort in seeking and examining a product before making a purchase. The underlying point is that the buyer should make sure that the product which they desire is exactly to their expectations and specifications. If after making a purchase the product is in some way deficient or misrepresented, a buyer could not impose any liability upon the seller. The principle, in fact, prescribes the due diligence that buyers must do, depending on their own judgments when evaluating...

  Ever heard the phrase "The thing speaks for itself"? That's essentially what " Res Ipsa Loquitur " means. Under the law of torts, this Latin phrase is frequently used to characterize circumstances in which the mere fact that an accident occurs suggests carelessness. Imagine yourself minding your own business as you stroll down the street and suddenly a two-story building drops a barrel of flour on your head. It was obvious that something went wrong, and it didn't take a detective to figure out that carelessness was involved. Res Ipsa Loquitur is applicable in this situation. Normally in tort law, it is the plaintiff's responsibility to establish the defendant's negligence. The plaintiff is the one who has been harmed by the tort. However, assembling sufficient evidence to establish the defendant's guilt is extremely difficult. Then enters Res Ipsa Loquitur, a legal theory that allows a plaintiff to rely on indirect evidence to establish that ...

In tort law, when a person commits a wrongful act that damages another, they are generally liable and have to compensate the other party or another remedy as the court may decide. Still, there are certain exceptions which a defendant can claim to avoid liability, one of which is the principle of volenti non fit injuria, which means "to a willing person, no injury happens". This defense applies where the plaintiff has consented to the act that caused the injury; thus, he cannot claim damages about it.  Duty of Care and Volenti Non Fit Injuria Normally, individuals have a duty to take reasonable care not to harm others. For instance, a driver has to drive safely to avoid hurting others. In such cases of general rule, volenti non fit injuria can lead to an exemption of the defendant from liability where the plaintiff voluntarily accepted the risk. Such consent can be express or implied in facts and circumstances. For example, if B rides A's bike knowing that its brakes are f...