Pro majori cautela, which is Latin for “for greater caution,” is employed to denote an action or clause included in a document as an additional measure to guarantee safety or security.
When someone wants to take extra precautions or ensure safety and security, they employ the Latin phrase “pro majori cautela”. This phrase is commonly used when individuals desire to add additional measures or provisions to a document. For instance, prior to signing the contract, the lawyer included a pro majori cautela clause to safeguard their client in the event of unforeseen circumstances. This indicates that the lawyer appended an extra clause to the contract to ensure the client’s safety and security.
“Pro Majori Cautela” is a Latin phrase that translates to “for greater caution” in English. It is a legal principle that suggests taking extra precautions or acting in a more cautious manner to avoid potential legal risks or liabilities.
The principle of Pro Majori Cautela should be applied when there is uncertainty or ambiguity in a legal situation. It is often used as a guiding principle to ensure that actions are taken with an abundance of caution to minimize potential legal consequences.
Pro Majori Cautela encourages legal professionals to err on the side of caution when making decisions. It requires them to consider potential risks and take preventive measures to avoid any adverse legal outcomes.
Pro Majori Cautela is not typically used as a standalone defence in a legal case. However, it can be used to support a defence strategy by demonstrating that the defendant acted with an abundance of caution to prevent harm or legal violations.
Pro Majori Cautela can be applied in various industries and professions, particularly those that involve high levels of risk or potential harm. It is commonly seen in fields such as healthcare, finance, construction, and legal practice.
Examples of situations where Pro Majori Cautela should be considered include drafting legal contracts, conducting due diligence in business transactions, providing medical treatment, and handling sensitive personal information.
While Pro Majori Cautela cannot guarantee the prevention of legal disputes or lawsuits, it can help minimize the likelihood of such situations arising. By acting with an abundance of caution, individuals and organisations can reduce the chances of legal conflicts.
Pro Majori Cautela is closely related to the duty of care, which is a legal obligation to act in a manner that avoids causing harm to others. It reinforces the duty of care by emphasizing the need for extra caution and preventive measures.
Pro Majori Cautela is primarily applied in civil law cases rather than criminal cases. However, it can still be relevant in criminal cases where the defendant can demonstrate that they took extra precautions to avoid committing a crime or causing harm.
Pro Majori Cautela is not a universally recognized legal principle in all jurisdictions. Its application may vary depending on the legal system and the specific laws of a particular country or region.
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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