The term “Sequatur sub suo periculo” is a legal term that signifies “let him follow at his own risk.” It is used to describe a writ that is issued when a sheriff returns “nihil” (meaning nothing) in response to multiple summonses. More specifically, it is a writ that is issued after the sheriff returns “nihil” to a warrant ad warrantizandum and subsequent alias and pluries writs. Another related term is “sicut alias,” which refers to a second writ that is issued when the first one was not executed.
Sequatur sub suo periculo is a Latin term used in law to indicate that someone should proceed at their own risk. It is commonly used when a sheriff returns “nihil” (meaning nothing) to multiple summonses. For example, if a defendant cannot be found after being served with a writ, the sheriff may return “nihil” to the court. In such cases, the court may issue a sequatur sub suo periculo writ, which holds the defendant responsible for any consequences resulting from their failure to appear in court. This term serves as a warning to the defendant that they are proceeding at their own risk. Another instance where sequatur sub suo periculo is used is when a defendant absconds and the plaintiff wishes to proceed with an outlawry against them. In this situation, an original writ is first issued, followed by a capias. If the defendant cannot be found after the first writ, an alias writ is issued, and then a pluries writ, with the same effect as the previous ones. Only after these steps, the clause “sicut alias” is inserted, indicating that the second writ is being issued as previously commanded. This example further demonstrates the usage of sequatur sub suo periculo in law and how it relates to the issuance of writs.
“Sequatur Sub Suo Periculo” is a Latin phrase that translates to “Let him follow at his own risk.” It is often used in legal contexts to indicate that a person assumes responsibility for their actions or decisions.
This phrase is commonly used in legal disclaimers, contracts, or warning signs to inform individuals that they are proceeding at their own risk and that no liability will be assumed by the party issuing the warning.
The purpose of using this phrase is to protect the party issuing the warning from any legal responsibility or liability for any potential harm or consequences that may arise from the individual’s actions or decisions.
While “Sequatur Sub Suo Periculo” can help limit liability, it does not provide absolute immunity from legal consequences. If the party issuing the warning is found to have acted negligently or engaged in intentional misconduct, they may still be held liable.
Yes, “Sequatur Sub Suo Periculo” can be used in various legal documents, such as waivers, contracts, terms and conditions, or disclaimers, to clearly communicate the assumption of risk by the individual involved.
Including “Sequatur Sub Suo Periculo” in a legal document is not mandatory, but it can provide an additional layer of protection for the party issuing the warning by making it explicit that the individual is assuming their own risk.
In personal injury cases, the use of “Sequatur Sub Suo Periculo” may be considered as evidence that the injured party was aware of the risks involved and voluntarily assumed them. However, its effectiveness may vary depending on the specific circumstances and applicable laws.
No, “Sequatur Sub Suo Periculo” cannot be used to waive liability for intentional harm or illegal activities. It is generally only applicable to risks that are reasonably foreseeable and within the scope of the individual’s control.
Yes, “Sequatur Sub Suo Periculo” can be translated into other languages to ensure its understanding by individuals who may not be familiar with Latin. However, it is important to consult with a legal professional to ensure accuracy and effectiveness in the specific jurisdiction.
While “Sequatur Sub Suo Periculo” has its roots in Latin legal terminology, its recognition and interpretation may vary across different jurisdictions. It is advisable to consult with a legal expert to determine its applicability and effectiveness in a specific legal context.
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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