Legal jargon means a lot. There’s no room for assumptions. If you use the wrong language, it could cost you a lot of money. It’s why so many people hire lawyers to defend or push their cases forward. Here are five legal terms that might just save your assets in the middle of a heated legal battle.
Not a word you hear every day, but it could prove crucial if your creditors are baying for blood. Your homestead is defined as your primary residence. In some states, this also applies to any outbuildings.
Creditors can’t force a sale of a homestead to pay off debts. They can take out liens against it, but they can’t make you leave if you own the house. It gets more complicated if you still have an active mortgage, but if you own it in its entirety you’re in a powerful position.
The boilerplate is the standard language used in contracts, such as credit agreements. It makes routine agreements simple because it condenses multiple agreements into a single legal category.
Boilerplates can help you form a legal case when they’re unfair. Lawyers will always inspect the boilerplate of a contract. If part of the agreement is found to be unfair, they can persuade a judge to throw it out. This can help you defeat a legal argument.
Puffery is a term for an over exaggeration. It can form the basis of a legal challenge. To show you what puffery is in action we’ve compiled an example.
A company is selling a handheld foot massager. It claims that the massager will make you feel relaxed. It also claims that the foot massager operates at a faster speed than its main competitor.
The latter claim is valid because it can be independently verified. The former claim is an example of puffery because it’s entirely subjective. This is legally challengeable because it demonstrates a breach of express warranty. It’s why companies often have lawyers on their marketing teams.
4. Attractive Nuisance
This highly controversial legal term has been referred to as a method for ambulance chasing lawyers to make accidents into legal cases. In short, the attractive nuisance is something that could potentially attract a child into a dangerous area. It all started with railroad timetables. Today, it can be attributed to pools and carnival attractions.
To avoid being caught out by an attractive nuisance, put up safety equipment like fences and alarms.
5. Act of God
An Act of God is a benefit to both customers and businesses. Most agreements state no party is liable if an Act of God destroys something. An example of this would be flooding, earthquakes, and landslides. In other words, it was something out of the control of both parties.
When an Act of God is an Act of God often leads to weeks of legal fighting, though, so it isn’t as simple as it sounds. In the past, shipwrecks and plane crashes have been contended under this ruling.
Author Bio –
Vivian Richards is the brains behind this informative post. She is an avid blogger who writes articles on a myriad of topics including law, business and more. She feels that the divorce attorneys are doing a wonderful job of helping people in distress.