Contra Proferentem

Contra Proferentem Translated, this means against the one bringing forth.  This term is used in “contract law to stipulate that an ambiguous term in a contract shall be interpreted against the interests of the party that insisted upon the term’s inclusion....

Ex Parte

This term show up quite often in tribunals and courts.  It means “from one party”.   It is commonly used when a decision is reached, or case is brought, by or for one party without the other party being present.

Obiter Dictum

I remember working at a large law firm in downtown Toronto and ran across a student who was the editor of the Obiter Dictum (oh-bee-ter deek-toom) at their law school.  I had to look it up to see what it meant! It means something said in passing or something a judge...

Caveat Emptor

Caveat emptor: Let the buyer beware This phrase is used commonly when in transactions where the item is sold “as is”.   For example, if you purchase a used vehicle without having a mechanic look at it or a home without doing a home inspection.  The...

Inter Partes

Don’t you love it when you are self represented and you have presented your case and feeling proud and then the Judge starts speaking and it seems like Latin, it probably is. I heard a Judge the other day use the term inter partes when he was speaking to the...