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Formal Contract - Law Dictionary Search Results

Home Dictionary Name: formal contract

formal contract

formal contract see contract ...


Subject to formal contract

Subject to formal contract, does point in the direction of the offer or the acceptance being conditional, Rossadale v. Denny, (1921) 1 Ch 57....


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...


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...


specialty

specialty pl: -ties 1 from the special form of the contract : formal contract at contract 2 : a doctrine providing that a person extradited can be prosecuted only for the charges described in the order for extradition 3 : real property (as a parcel of land or esp. a structure) that is of such specialized character that no market for it exists and for which value upon condemnation is determined by the cost of reproduction less depreciation used esp. in New York ...


Association, Articles of

Association, Articles of, (see Companies Act, 1929, ss. 6, 11 and 380). This is the formal contract of the members of a company with each other and with the company embodying its regulations for the conduct of the company and its affairs according to its constitution under the Memorandum of Association. In case of conflict the Memorandum is to prevail, Ashbury Railway Carriage Co. v. Riche, (1875) 7 HL 653. The Articles may be altered or added to by special resolution, Companies Act, 1929, s. 10, but not so as to increase a member's liability without his consent in writing to take more shares than subscribed for by him, or to contribute to the share capital, or to pay money to the company, s. 22. Every member is entitled to a copy of the Memorandum and Articles of the company on payment of one shilling or smaller agreed sum. The Memorandum and Articles must be delivered to and retained and registered by the Registrar of Companies, s. 12, and when registered they bind the company and it...


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 ...


Subject to the terms of formal agreement

Subject to the terms of formal agreement, means as 'subject to contract' that is, the intention of the parties is that neither of them is contractually bound until the contract is signed in the usual way, Spotliswood, etc. Ltd. v. Doreen Appliances Ltd., (1942) 1 KB 32....


stipulate

stipulate -lat·ed -lat·ing [Latin stipulatus, past participle of stipulari to exact (as from a prospective debtor) a formal guarantee when making an oral contract] vi 1 : to make an agreement or covenant about something (as damages) 2 : to demand a particular promise in an agreement used with for [may…assume or for obligations of all kinds "Louisiana Civil Code"] 3 : to agree respecting an aspect of legal proceedings used with to [stipulated to a dismissal of the claim with prejudice "National Law Journal"] [pleaded guilty to the charge of battery and stipulated to the underlying facts "Luna v. Meinke, 844 F. Supp. 1284 (1994)"] vt 1 : to specify esp. as a condition or requirement of an agreement [parties may not the invalidity of statutes or ordinances "West v. Bank of Commerce & Trusts, 167 F.2d 664 (1948)"] [the contract stipulated that the lessor was responsible for maintenance] [within a stipulated period of time] 2 : to establish (procedure or evidence...


award

award [Anglo-French awarder agarder to look at, decide on, impose, alteration of Old French esguarder to look at, from es-, intensive prefix + guarder to guard] 1 : to give in accordance with a judicial or administrative determination or decision [ punitive damages] 2 : to grant as deserved [ed the contract to the lowest bidder] n 1 : a judgment or final decision: as a : arbitrator's award b : a formal decision regarding benefits in a workers' compensation claim 2 : something granted esp. on the basis of merit or entitlement: as a : a contract won by a successful bidder b : relief usually in the form of money (as damages or alimony) granted to a party in a legal proceeding ...


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