Executive Agreement - Law Dictionary Search Results
Home Dictionary Name: executive agreementexecutive agreement
executive agreement : an agreement (as an armistice) between the U.S. and a foreign government that is made by the president and usually deals with a subject within the president's powers compare treaty NOTE: An executive agreement does not carry the same weight as a treaty unless it is supported by a joint resolution. Unlike a treaty, an executive agreement can supersede a conflicting state law but not a federal law. ...
Executed contract
Executed contract, where nothing remains to be done by either party, and where the transaction is completed at the moment that the agreement is made, as where an article is sold and delivered, and payment therefor is made on the spot. a contract is said to be executory where some future act is to be done, as where an agreement is made to build a house in six months, or to do an act on or before some future day, or to lend money upon a certain interest, payable at a future time....
Executory contract
Executory contract. See EXECUTED CONTRACT....
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...
Subject to contract
Subject to contract, does not mean 'subject to the approval by the parties' solicitors of a formal contract. On the other hand, the expression 'subject to contract' has by now acquired definite ascertained legal meaning of subject to the execution by the parties of a formal contract', Wilson v. Balfour, (1929) 45 TLR 606.Means subject to preparation and execution of a formal contract with respect to the transaction taking place between the parties, Coope v. Ridout, (1921) 1 Ch 291.Means that the broker is not to be deemed to have performed his duty until a binding contract has been entered into, Raymond v. Wootan, (1931) 47 TLR 606.Means that the matter remains in negotiation until a formal contract is settled and formal contracts are exchanged, Keppel v. Wheeler, (1927) 1 KB 577.Means the parties to contract have locus penitentiae until formal contracts are exchanged, Musson v. Maxley, (1936) 1 All ER 64.Subject to contract. See as to the meaning of these words in contracts for sale o...
Equitable mortgage
Equitable mortgage, a mortgage under which the mortgagee does not get the legal estate. The following mortgages are equitable:-(1) Where the subject of a mortgage is trust property, which security is effected either by a formal deed or a written memorandum, notice being given to the trustees in order to preserve the priority. As a rule these mortgages include mortgages (not being mortgages of a legal estate) under a trust for sale or settlement which are not registrable under the (English) L.C. Act, 1925, s. 10, Class C.(2) Where the subject of the mortgage is an equity of redemption, which is merely a right to bring an action in the Chancery Division to redeem the estate. Now under the (English) L.P. Act, 1925, Sched. I., Parts VII. (1), (3), and VIII. (1), (3), and see ss. 85, 86, ibid., a mortgagor retains a legal estate in fee simple or for a term of years, and the first and subsequent mortgagees out of that estate each have a legal mortgage.(3) Where mortgages created before 1925 ...
treaty
treaty pl: treaties [Anglo-French treté, from Middle French traité, from Medieval Latin tractatus, from Latin, handling, treatment, from tractare to treat, handle] 1 : the action of treating and esp. of negotiating 2 : an agreement or arrangement made by negotiation: as a : private treaty b : a contract in writing between two or more political authorities (as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state [the president…shall have power, by and with the advice and consent of the Senate, to make treaties "U.S. Constitution art. II"] compare executive agreement 3 : a document embodying a negotiated agreement or contract 4 : an agreement or contract (as between companies) providing for treaty reinsurance ...
Legislative contract
Legislative contract, there is no magic in the expression 'legislative contract'. A contract is a contract between two or more parties and is either executory or executed. If a statute adopts or confirms it, becomes law and is no longer a mere contract, Maharaja Shree Umaid Mills Ltd. v. Union of India, AIR 1963 SC 953 (959): 1963 Supp (2) SCR 515....
Agreement to execute a lease
Agreement to execute a lease, is not a document which affects an actual demise, V.B. Dharmyat v. Shree Jagadguru Tontadrya, (1999) 6 SCC 15....
Subject to suitable agreement being arranged between your solicitor and mine
Subject to suitable agreement being arranged between your solicitor and mine, means that the execution of a suitable agreement or suitable agreements in a form approved by the solicitors on both sides is a condition of any concluded bargain, Lockett v. Norman Wright, 1925 Ch 56....
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