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Simple English definitions for legal terms
periculo petentis
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A quick definition of periculo petentis:
Term: periculo petentis
Definition: Periculo petentis is a Latin term that means "at the risk of the person seeking." In history, if a private person insisted on a judicial warrant that was wrongfully issued, they were liable for damages. For example, if a creditor sought a warrant for the apprehension of their debtor and it was found to be illegal, the creditor, not the judge, would be responsible for any damages incurred by the debtor.
A more thorough explanation:
Periculo petentis
Periculo petentis is a Latin term that means "at the risk of the person seeking." In history, if a private person insisted on a judicial warrant that was wrongfully issued, they were liable for damages. For example, if a creditor sought a warrant to apprehend their debtor, and it was found to be illegal, the creditor would be responsible for any damages caused by the warrant.
Imagine a situation where a landlord wants to evict a tenant who has not paid rent. The landlord goes to court and obtains a warrant to evict the tenant. However, it is later discovered that the warrant was issued illegally. In this case, the landlord would be responsible for any damages caused by the eviction, as they obtained the warrant periculo petentis.