When it comes to legal terms, there are plenty of baffling words that can make understanding the concepts behind them confusing. One word that may be perplexing to business professionals seeking to understand legal terms or concepts is “putative.” At first glance, the word itself seems to convey little in the way of meaning, but in legal terms, it actually holds a special significance.
Putative has its roots in the Latin language and can be defined as “that which is supposed or conjectured to be true.” In other words, it’s something that has been thought to be true at the time it was said but its truthfulness can always be disputed or challenged. In this way, it is often used to refer to a thing that is not certain or has yet to be definitively determined.
One of the most common uses of the putative concept is in relation to paternity or parental disputes. In cases where the father is not known, a putative father is someone who may be believed, or assumed to be the father due to circumstantial evidence. However, the putative father may not actually be the biological parent and thus may not be required to provide financial support or acknowledge the claimant as a son or daughter.
The putative concept is also used in contractual disputes. For example, if someone enters into a contract believing that certain facts are true, but it turns out those facts were misrepresented or incorrect, the contract may be classified as a “putative contract.” Doing so can allow the purchaser to seek remedy for the financial losses caused by the misrepresented facts.
Putative is also used to describe things that may be difficult to establish but can still be assumed. For example, a putative breach of contract could involve a dispute over whether or not a contract was actually breached, even if it’s impossible to determine for certain.
In the world of business, understanding the concept of putative is important. Knowing when to invoke a putative legal argument can be the difference between a win and a costly loss.