CAUTION.  Security  given  in  the  course  of
judicial  proceedings.  The  word  is  not  used  in
England  except  in  the  practice  of  the  ecclesias-
tical courts  ;  in  Scotland  it  is  a  regular  term  of
art  used  in  acts  of  parliament  and  legal  docu-
ments. In  the  French  language  the  word
caution  is  equivalent  to  the  English  Guarantee,
and  is  used  to  express  the  security  as  well  as
the  person  acting  as  surety.
[Fournir  caution  de  payer  les  frais,  Code
de  Procedure  civile,  §  166. — La  solvabiliti  d'une
caution,  Code  civil,  §  2019.]  E.  s.
CAVEAT.  An  expression  used  in  the  pro-
cedure of  the  probate,  divorce,  and  admiralty
Division  of  the  High  Court.  A  person  wishing
to  dispute  the  validity  of  a  will,  by  entering  a
"caveat"  compels  the  executors  to  bring  an
action  to  obtain  probate.  In  admiralty  pro-
ceedings a  person  can  prevent  the  arrest  of  hia
ship  or  cargo  by  entering  a  "  caveat,"  if  at  the
same  time  he  undertakes  to  appear  in  the  action
and  gives  security  in  accordance  with  the  rules
of  court.  E.  s.
CAVEAT  EMPTOR.  A  maxim  of  the
common  law  applicable  to  sales  of  personal
property  as  regards  the  quality  of  the  things
sold.  The  buyer  (in  the  absence  of  fraud)
purchases  at  his  own  risk  unless  the  seller  has
given  an  express  warranty  or  unless  a  warranty
be  implied  from  the  nature  and  circumstances
of  the  sale.  The  rule  does  not,  however,  apply
if  the  buyer  has  had  no  opportunity  of  inspect-
ing the  article  bought.  Hence,  where  a  chattel
is  to  be  made  or  supplied  to  the  order  of  the
purchaser,  or  where  it  is  sold  by  description  or
by  sample,  or  for  a  particular  purpose,  the  law
implies  a  Warranty.
