Duhaime's Law Dictionary


Periculo Petentis Definition:

At the risk of the perpetrator.

Related Terms: Ex Parte

In Gulf Islands Navigation Ltd. v. Seafarers International Union, Justice Wilson of the British Columbia Supreme Court wrote:

"I find there is some divergence of judicial thought as to the grounds upon which an ex parte order ought, upon notice, to he discharged. The area of divergence does not include such generally accepted fundamental concepts as this: That the ex parte order is obtained periculo petentis so that if there has not been made to the Judge a full and frank disclosure of relevant facts, the order will be voided."
 

John Green's 1894 Latin Maxims and Phrases:

"Periculo petentis - At the risk of the person seeking.

"All judicial warrants obtained at the instance of a private suitor are granted at his risk."

The Legal Glossary of the Edinburgh, Scotland law firm Beveridge & Kellas:

"Periculo petentis – at the risk of the perpetrator. Thus if a bank account were arrested in error, the creditor would be liable in damages."

REFERENCES:

? Duhaime.org wishes to thank Christine Duhaime, Barrister & Solicitor, Duhaime Law - Vancouver for suggesting this term for inclusion.

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