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Battel, wager of

writ of action. The question at issue was decided by the result of a personal combat between the parties, or, in the case of a writ of right, between their champions. See Ashford v. Thornton, (1818) 1

Bar

Bar, (1) a partition running across the courts of law, behind which all outer-barristers and every member of the public must sit

Appeal, Court of (U.K.)

and five Lords Justices. The Judges may not sit on appeal from judgments to which they themselves were parties. A puisne judge is occasionally summoned to sit as an additional judge (s. 7). An appeal to this

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Bailment

concerned. It follows that a bailment may very well exist without the creation of a contract between the parties and it essentially gives rise to remedies which, in truth and substance, cannot be said to be contractual.

Auctioneers

brokers sell by private contract, and auctioneers by public auction. An auctioneer is deemed the agent of both parties; he can bind virtue officii the seller and the purchaser of royalty by his memorandum of the sale

Astipulation

Astipulation [fr. astipulor, Lat.], a mutual agreement, assent, and consent betwen parties; also a witness or record.

Assessors

aid of one or more assessors specially qualified, and try and hear the matter in question wholly or partially with the assistance of such assessors. By the County Courts Act, 1934, s. 88, replacing the County Court

Assensio mentium

The meeting of minds i.e. mutual consent. Mutual assent, which is the meetings of the minds of both parties to a contract, is vital to the existence of a contract

Articles

of agreement, preparatory to the execution of a formal deed, whereby it is stipulated that one of the parties shall convey to the other certain lands, or release his right to them, or execute some other disposition

Arbitrator

Disputes Act, 1947 (14 of 1947), s. 2 (aa)] Arbitrator is a neutral person who resolves disputes between parties, esp. by means of formal arbitration, Black Law Dictionary 7th Edn., p. 100.

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