Ab initio (ab init)—from the beginning. Can mean that breaking some terms in a long-running contract results in the contract having been broken from the start.
Bona fide—in good faith. Usually implies an amount of trust that the parties are acting without any hidden motives. The opposite is mala fides—in bad faith.
De jure—in law. According to law, the opposite of de facto.
De novo—start afresh. Starting a new contract on the same basis as the old.
Exempli gratia (e.g.)—for example. One or more examples from a greater list of possibilities. Compares with id est, or i.e., that is, which indicates a full, definitive list of all possibilities.
Ex parte—on behalf of. An action, usually a legal action, taken by a party on someone else’s behalf.
Ex post facto—because of some later event. Where a later event or occurrence interferes with an earlier agreement.
Inter alia—among other things. This is often used in contracts to indicate that what is being specifically referred to is part of a larger group without having to name all the elements.
Mala fides—bad faith, opposite of bona fide.
Prima facie—at first sight. A prima facie fact is one that seems to be correct, but may subsequently be proved wrong by other evidence.
Quid pro quo—something for something. The usual definition of consideration.
Uberrima fides—utmost good faith. The concept that a party to certain types of contracts must act in good faith and declare all relevant facts to the other side even if they do not ask. This only usually applies to insurance contracts where the insured person must declare all known risks. It is an exemption to the general contract rule of caveat emptor (let the buyer beware).—J.C.
This article first appeared in the November 2007 issue of Materials Management in Health Care.
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