Entire Contract - Law Dictionary Search Results
Home Dictionary Name: entire contract Page 1 of about 1,084 results (0.004 seconds)Entire contract
Entire contract, a contract wherein everything to be done on the one side is the consideration for everything to be done on the other. See CONTR-ACT....
Contract
Contract, an agreement between competent parties, to do or to abstain from doing some act. For numerous other definitions, see Chalmers's Sale of Goods Act, App. II., where it is said that the 'disposition of the best modern writers appears to be to define ' contract ' as an agreement enforce-able at law,' but contended that this definition seems rather too narrow.Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) a mutual identity of consent (consensus ad idem), and form. When an agreement is stated either verbally or in writing it is usually called an express contract; when the agreement is matter of inference and deduction, it is called n implied contract. (See IMPLIED CONTRACT.)Contract, which provides that the price includes the cost of the goods, the freight and the insurance premium for the transit, Halsbury's Laws of England, Vol. 3(1), para 253, p. 210.Contracts may...
Warranty
Warranty, a guarantee or security; formerly a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant and secure the bargainee and his heirs against all persons for the enjoying of the thing granted accompanied by a promise, express or implied, that if eviction should take place, the warrantor would substitute an equivalent estate in its place-see Co. Litt. 365 a. In that form it has been superseded in practice by 3 & 4 Wm. 4, cc. 27 (s. 39) and 74 (s. 14). See RECOVERY.More generally, a warranty is any agreement either accompanying a transfer of property, or collateral to the contract for such transfer, see Lawrence v. Cassell, (1930) 2 KB 83, and Miller v. Cannon Hill Estates Ltd., (1931) 2 KB 113, or to any other agreement or transaction, and in so far as it is a contract a warranty does not differ from any other contractual promise. A warranty may be express or implied by law or statute.For instances of implied warranties, see that title, CAVEAT EMPTOR, ...
Duress
Duress [fr. duresse, Fr.; durities, Lat., constraint], imprisonment, compulsion.Duress is either by imprisonment or by threats. In order to constitute duress by imprisonment, either the imprisonment or the duress consequent upon it must be tortious and unlawful.By the Common Law, a contract made during duress is not void, but voidable; and the person upon whom it is practised may avail himself of the duress as a special defence to an action thereupon at any time. But the person who has employed the force cannot allege it as a defence, if the contract be insisted upon by the other.Where a person is not a free agent, and is not able to protect himself, the Court will protect him, and will set aside a contract made under duress. Circumstances also of extreme necessity and distress of the party, although not accompanied by the direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the Court in setting aside a contract made by him on account of s...
Sale of goods
Sale of goods, in Entry 48 of List II Sch. VII of the Government of India Act, 1935, 'sale of goods' has the same meaning which it has in the Indian Sale of Goods Act, 1930, that in a building contract there is no sale of materials as such, and that it is therefore ultra vires the powers of the Provincial Legislature to impose tax on the supply of materials, Pandit Banarsi Das Bhanot v. State of M.P., AIR 1958 SC 909 (912): (1959) SCR 427.It is now settled law that the words 'sale of goods' have to be construed not in the popular sense but in their legal sense and should be given the same meaning which they carry in the Sale of Goods Act, 1930. The expression 'sale of goods' is a nomen juris, its essential ingredient being an agreement to sell movables for a price and property passing therein pursuant to that agreement, T.V. Sundaram Iyengar & Sons v. State of Madras, AIR 1974 SC 2309: (1975) 3 SCC 424: (1975) 2 SCR 372.On the true interpretation of the expression 'sale of goods' there...
entire
entire : not capable of being divided into independent parts (as promises) : constituting an undivided unit [an contract] compare divisible, severable ...
divisible
divisible : capable of being divided esp. into independent parts (as promises or interests) [a contract] compare entire di·vis·i·bil·i·ty [də-vi-zə-bi-lə-tē] n ...
severable
severable : capable of being severed : divisible [a contract] [a bequest] compare entire sev·er·abil·i·ty [se-vrə-bi-lə-tē, se-və-rə-] n ...
Infant Settlements Act, 1855
Infant Settlements Act, 1855 (English) (18 & 19 Vict. c. 43), preserved by the Settled Land Act, 1925, s. 27(3), but so that a legal estate in land is not vested in an infant. By virtue of the Act of 1855 every infant (if a male of twenty, or if a female of seventeen years, s. 4, and see Re Phillips, (1887) 34 Ch D 467), upon or in contemplation of marriage, may, with the sanction of the Chancery Division of the High Court, make a valid settlement or contract for a settlement of property. The Act gets rid entirely of the disability arising from infancy, though not of disability on any other ground, Seaton v. Seaton, (1888) 13 App Cas 61. Consult Seton on Judgments: Dan. Ch. Pr...
Voyage charter-party, time charter party
Voyage charter-party, time charter party, it is a contract by which an entire ship or some principal part thereof is let to a merchant who is called the charterer, for the conveyance of goods on a determined voyage to one or more places, or until the expiration of a specified period; in the former case it is called a 'voyage charter-party', and in the latter a 'time charter-party', Union of India v. Gosalia Shipping (P) Ltd., (1978) 3 SCC 23 (29): AIR 1978 SC 1196....
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