Per aversionem, which means “for a lump sum” in Latin, is a term used to describe a type of sale where goods are purchased in bulk or land is bought based on estimated acreage. This type of sale is referred to as per aversionem because the buyer does not thoroughly inspect the items being purchased. If goods of varying values are sold together for a single price, the sale is considered complete and the buyer assumes the risk. However, if the goods are sold based on quantity, weight, or measurement, the sale is incomplete and the seller retains the risk until the specific property is identified.
Per aversionem, a Latin term meaning “for a lump sum,” is used in Roman and civil law to refer to a type of sale where goods are sold in bulk or land is purchased by estimating the number of acres. The term is used because the buyer does not inspect each item before buying, but instead purchases everything together for a single price. For instance, if a farmer wishes to buy a large quantity of wheat, they may choose to purchase it per aversionem, meaning they buy all the wheat without examining each individual bag. Similarly, if someone wants to buy a large piece of land, they may estimate the number of acres and purchase it per aversionem, without examining each individual section. In both cases, the buyer takes a risk by not inspecting each item individually, but the sale is considered complete once the lump sum price is paid.
“Per aversionem” is a Latin phrase commonly used in legal contexts, which translates to “by way of diversion” or “by way of turning away.” It refers to a legal principle where a party diverts or turns away from a direct action or claim and instead seeks an alternative remedy or relief.
“Per aversionem” can be applied when a party believes that pursuing a direct action or claim may not be the most effective or appropriate course of action. Instead, they can choose to divert their claim or seek alternative remedies that may better address their concerns.
Examples of situations where “per aversionem” can be used include when a party decides to pursue mediation or arbitration instead of litigation, when they choose to settle a dispute through negotiation rather than going to court, or when they opt for alternative dispute resolution methods like conciliation or collaborative law.
No, “per aversionem” is not a formal legal doctrine but rather a concept or principle that can be applied in various legal contexts. Its usage depends on the specific circumstances of a case and the discretion of the parties involved.
While “per aversionem” is more commonly associated with civil cases, it can also be applied in certain criminal cases. For example, a defendant may choose to participate in a diversion program or alternative sentencing options instead of going through a traditional criminal trial.
Using “per aversionem” in a legal case can have several benefits, including potentially saving time and costs associated with lengthy litigation, maintaining privacy and confidentiality, preserving relationships between parties, and allowing for more creative and flexible solutions to disputes.
Yes, for “per aversionem” to be applied, both parties involved in a legal case must agree to divert from the traditional course of action and pursue alternative remedies or resolution methods. It requires mutual consent and cooperation.
If one party does not agree to use “per aversionem” and prefers to pursue a direct action or claim, a court cannot enforce the diversion. Both parties must be willing to explore alternative options voluntarily.
The usage of “per aversionem” may be subject to certain limitations or restrictions depending on the jurisdiction and the specific legal context. It is essential to consult with a legal professional to understand the applicability and potential constraints of this principle in your case.
“Per aversionem” can potentially be used in various types of legal disputes, including contract disputes, family law matters, employment disputes, and personal injury cases. However, its suitability and effectiveness may vary depending on the specific circumstances of each case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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