Express Contract - Law Dictionary Search Results
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contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
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...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Contract note
Contract note, a short statement of the effect of a contract. The expression is defined ins. 77(3) of the Finance (1909-10) Act, 1910, as follows:--For the purposes of this Part of this Act, the expression contract note' means the note sent by a broker or agent to his principal, or by any person who by way of business deals, or holds himself out as dealing, as a principal in any stock or market-able securities, advising the principal or the vendor or purchaser, as the case may be, of the sale or purchase of any stock or marketable security, but does not include a note sent by a broker or agent to his principal where the principal is himself acting as broker or agent for a principal, and is himself either a member of a stock exchange in the United Kingdom or a person who bona fide carries on the business of a stockbroker in the United Kingdom, and is registered as such in the list of stockbrokers kept by the Commissioners.The same s. imposes stamp duties on contract notes varying with t...
Never Indebted, plea of
Never Indebted, plea of, a species of traverse which occurred in actions of debt on simple contract, and was resorted to when the defendant meant to deny in point of fact the existence of any express contract to the effect alleged in the declaration, or to deny the matters of facts from which such contract would bylaw be implied, Steph. Plead., 7th ed. 153, 156. By R.S.C. 1883, Ord. XIX., r. 17, a defendant may not deny geneally the facts alleged by the plaintiff. See, further, PLEADING....
agreement
agreement 1 a : the act or fact of agreeing [by mutual ] b : unity of opinion, understanding, or intent ;esp : the mutual assent of contracting parties to the same terms [if they reach ] NOTE: Under common law, agreement is a necessary element of a valid contract. Under Uniform Commercial Code section 1-201(3), agreement is the bargain of the contracting parties as represented explicitly by their language or implicitly by other circumstances (as a course of dealings). 2 a : an expression (as a settlement, covenant, or contract) of the intent or willingness of two or more parties to bind at least one to terms usually determined by negotiation [an must be sufficiently definite before a court can enforce it "J. D. Calamari and J. M. Perillo"] b : the language or instrument embodying such an expression [signed the ] ...
Unilateral contract
Unilateral contract. When the party to whom an engagement is made makes no express agreement on his part the contract is called unilateral, even in cases where the civil law attached certain obliga-tions to his acceptance. A loan of money and a loan for use were of this kind, Civ. Law.A promise without consideration is of this nature if by deed it is prima facie enforceable. See CONSIDERATION....
quantum meruit
quantum meruit [Latin, as much as he/she deserved] 1 : a claim or count grounded on an implied contract that the defendant would pay the plaintiff as much as deserved for services or materials provided ;specif : a count in a common-law action for assumpsit claiming payment of the value of labor provided 2 : a theory or doctrine that permits recovery by a party for services or materials provided despite the absence of an express contract when they were accepted and used by the defendant under circumstances which gave reasonable notice that the plaintiff expected to be paid for them compare unjust enrichment ...
Seduction
Seduction, means the offence that occurs when a man entices a woman of previously chaste character to have unlawful intercourse with him by means of persuasion, solicitation, promises or bribes, or other means not involving force, Black's Law Dictionary, 7th Edn., p. 1362.The inducing a girl or woman to part with her virtue for the first time, R. v. Moon, (1910) 1 KB 818. An action of seduction may be brought by a parent or person standing in loco parentis for enticing away or debauching of the girl, per quod servitium amisit, but no express contract of service need be proved; see Evans v. Walton, (1867) LR 2 CP 615. There must be a legal right or interest by the plaintiff in the services of the woman who has been seduced, Whitbourne v. Williams, (1901) 2 KB 722. A master also, not standing in the relation of a parent, may maintain this action for debauching his servant. The woman herself has no right of action. In ascertaining the amount of damages, the jury should regard not merely t...
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