ARCHIVED BLOG POSTS
2010
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The Meaning of "Inter Alia" By Brian Madigan LL.B.The latin expression "inter alia" means "among other things".The reference is often made when a short quotation or extract is made. The words "inter alia" are added so that the reader will know and appreciate that the quotation was not the full ...
01/12/2010
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Disclosure Statement Checklist By Brian Madigan LL.B. The following document is a Disclosure Statement Checklist. It is to be used following the steps as outlined in "Guidance to the Seller's Agent Concerning Completion of the Disclosure Statement". The document can be amended as required. T...
01/12/2010
Guidance to the Seller's Agent in Completing the Disclosure Statement By Brian Madigan LL.B.There are several aspects of the disclosure statement and the process of completing the disclosure statement that should be taken into consideration and applied by the seller's agent.In Ontario, the disc...
01/11/2010
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The Meaning of "Contra Proferentum" By Brian Madigan LL.B.The latin expression "contra proferentum" means "against the interests of". The expression might also appear as the "contra proferendum" rule, which has the same meaning.The doctrine or legal principle summarized by this latin expression...
01/10/2010
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The Meaning of Ab Initio By Brian Madigan LL.B.The latin expression "ab initio" means "from the beginning", or "from the comencement".It is a common term used in conditions that are part of a contract.The parties negotiate the terms of a contract and agree that the contract is in place but is s...
01/10/2010
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The Meaning of Caveat Emptor By Brian Madigan LL.B.The latin expression "caveat emptor" literally means "let the buyer beware".In law, caveat emptor is a doctrine in contract and property law that stands for the proposition that:1) a completed sale contains no warranties,2) the buyer's right of...
01/10/2010
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The Meaning of "Uberrimae Fides" By Brian Madigan LL.B.Translated from latin it means "utmost good faith" or "the most abundant faith".Used in a legal context it refers to a doctrine of disclosure in insurance contracts. In fact, it is the obligation to make full and proper disclosure on the pa...
01/09/2010
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Latin Legal Terms and Expressions By Brian Madigan LL.B.From time to time certain latin legal expressions appear in contracts and other legal documents. Sometimes, they are puzzling because they are expressions and terms derived from another language without any particular "translation". So, un...
01/09/2010
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What Does Good Title Mean? By Brian Madigan LL.B.The traditional definition of good title in law, is a title without any qualifications, exceptions or explanations. A solicitor's opinion on title would point out any matters that were relevant to the issue of ownership. Such an opinion might rea...
01/08/2010
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Who Owns the Leaseholds? By Brian Madigan LL.B.There are some basic common law principles relating to ownership of leasehold improvements: · "Whatever is fixed to the freehold of land becomes part of it" · Buildings constructed and fixtures placed on leased land become part of the freehold prop...
01/08/2010