As Is Legal Language

Finally, students must develop a greater respect for linguistic accuracy. Because the meaning of words is so crucial to the art of advocacy, students are expected to use words carefully and accurately. You will learn, for example, that there are legally significant differences between “Sally lives in the United States,” “Sally lives in the United States,” “Sally resides in the United States,” and “Sally is a citizen of the United States.” Even grammar and punctuation can be crucial: a person who leaves $50,000 “to each of my children who took care of me” has a different intention than a person who leaves $50,000 “to each of my children who took care of me.” The lawyer who writes the will must know how to keep this comma, or better yet, how to avoid confusion in the first place. It is clear that the smart seller will take steps to draft a carefully constructed contract with legal advice and will not rely solely on the use of the words “AS IS” to provide comprehensive protection. In fact, California law requires disclosure of all known defects and access to property for inspection before it can assume that AS IS provides actual protection. The wording “as is” is used to reprimand obvious defects and means that the buyer accepts the property in the state in which it is reasonably observable to him. “As is” means a term used in purchase agreements in which Buyer agrees to purchase a Product in its current condition, without any recourse, if Buyer discovers a defect in the Product after purchase. The buyer should be able to see and inspect the goods before purchase, so that he is usually aware of the condition of the item. Words are the essential tools of the law. In the study of law, language is of great importance; Cases revolve around the meaning judges attach to words, and lawyers must use the right words to meet the wishes of their clients. It has been said that you will learn a new language if you study law, but it is actually a little more complicated. There are at least four ways to approach the vocabulary of the law.

The provision always describes a situation in which the user accepts the software and service “as is”. But it`s not as obvious and striking as if the language “As is” or “As available” were actually present. This shows how “As is” and “As available” act as clarifying terms, even if they are not technically required by law. However, the U.S. Uniform Commercial Code cites “as is” as an example of the type of language capable of excluding any implied warranty by which the law might otherwise protect a buyer. [2] “Nothing is as simple as it seems.” Gilbert and Sullivan wrote, and in this complex California real estate world, this applies to what was once the simple act of scribbling “as is” in a contract. As with so many things, good legal advice and careful drafting is a good idea to avoid possible liability or termination, and no matter what the buyer says, be sure to request an investigation and report known defects in writing. Second, and this is a little more difficult, some recognizable words take on different or new meanings when used in the law. Malevolence, for example, when used in the defamation law, does not mean hatred or wickedness; it means “with a ruthless disregard for the truth.” Similarly, “consideration” in contract law has nothing to do with thoughtfulness; It means something of value given by a party to an agreement. If a party is “biased” in the law, it usually means that it has been disadvantaged in some way, not that it is sectarian. “Accessories” in property law are much more than bathroom and kitchen equipment. There are many words like these in the law, and students need to get rid of their ordinary understanding of a word to absorb its legal meaning.

Words that have different or special meanings in the law are sometimes called “artistic terms.” Note that some developers do not use the language “as is”. PIXLR has an EULA that contains a very detailed disclaimer but does not explicitly use the terms “as is” or “as available”: if it is supplemented by language indicating that the buyer relies on his own inspection of the property, it can also release the seller from the obligation to investigate defects or disclose questions, that the seller should know, but doesn`t know. Fourth, there are words that now refer to major legal or legal doctrines and serve as abbreviations for complex concepts. The terms “unfair competition”, “due process”, “foreseeable” and “cruel and unusual punishment” are just a few examples. In many cases, these terms have been interpreted by judges over long periods of time, and there is little hope of finding a clear and concise definition that can be used in all contexts. “As is” and “as available” are contractual traditions that have eventually extended to the sale of digital products. While this is not mandatory contractual wording, they act as clarifying statements as consumers are accustomed to. Former lawyer for civil proceedings. Content-related legal strategist. First, and obviously, you`ll learn new words that you`ve probably never encountered before.

These words and phrases have only one meaning as legal terms. Words or phrases such as res judicata, impleader, enforceable interest, demurrer and mens rea force students to acquire new vocabulary. Learning the meaning of these words is important to understand each case or discussion in which they are used. The benefits of the Code of Directive §§1102 et seq. are not nullified solely by the acceptance of the language “as is” in the purchase contract by the buyer, and the seller is responsible for any failure, whether negligent or intentional, to discover known hidden defects that are not apparent during an inspection of the property. Similarly, the wording “as is” in a real estate purchase agreement does not protect a seller from liability in the event of fraud. Code Civ. § 1668 (provided that contracts that directly or indirectly release someone from responsibility for fraud violate the policy of the law). Once you have learned the legal meaning of the words, you need to use them accurately.

Replacing another can lead to serious errors and misunderstandings. The legal meanings of words form the common language of lawyers and judges who rely on this language to communicate effectively and efficiently. As it is used as a term having legal effect, it is used to deny certain implied warranties for an item sold. Certain types of implied warranties must be expressly excluded, such as implied warranties of title. “As is” means that seller sells and Buyer purchases an Item in the condition in which it currently exists, and Buyer accepts the Item “with all defects”, whether immediately apparent or not. This is the classic “buyer`s caution” situation where the cautious buyer should take the time to inspect the item before accepting it or seeking expert advice. [1] If you sell an item as is, implied warranties for an item are excluded, but express warranties are not excluded.

As Is Legal Language