Unenforceable - Law Dictionary Search Results
Home Dictionary Name: unenforceableunenforceable
unenforceable : not enforceable in a court un·en·force·abil·i·ty [-fȯr-sə-bi-lə-tē] n ...
cancel
cancel -celed or: -celled -cel·ing or: -cel·ling 1 : to destroy the force, validity, or effectiveness of: as a : to render (one's will or a provision in one's will) ineffective by purposely making marks through or otherwise marring the text of compare revoke NOTE: The text of the will or of the will's provision need not be rendered illegible in order for a court to find that there was an intent to cancel it. b : to make (a negotiable instrument) unenforceable esp. by purposely marking through or otherwise marring the words or signature of NOTE: As stated in section 3-604 of the Uniform Commercial Code, a party that is entitled to enforce a negotiable instrument may cancel the instrument, whether or not for consideration, and discharge the obligation of the other party to pay. c : to mark (a check) to indicate that payment has been made by the bank NOTE: A check is no longer negotiable once it has been cancelled. d : to withdraw an agreement to honor (a letter of cr...
champerty
champerty pl: -ties [Anglo-French champartie bargaining for a share of disputed property, from champart share of crops paid as rent, share of property in dispute, from champ field + part portion] : an unenforceable agreement by which a person with otherwise no interest in a lawsuit agrees to aid in or carry on its litigation in consideration of a share of the subject matter of the suit (as property or damages) compare maintenance ...
covenants
covenants legally enforceable terms that govern the use of property. These terms are transferred with the property deed. Discriminatory covenants are illegal and unenforceable. Also known as a condition, restriction, deed restriction or restrictive covenant. Source: U.S. Department of Housing and Urban Development ...
fatal
fatal 1 : causing failure of a legal claim or cause of action [a defect in the proceedings "W. R. LaFave and J. H. Israel"] 2 : making something (as a contract) invalid or unenforceable [there is a indefiniteness with the result that the agreement is void "J. D. Calamari and J. M. Perillo"] fa·tal·ly adv ...
nudum pactum
nudum pactum [Medieval Latin, naked pact] : an agreement or promise that is made without consideration and hence unenforceable [a mere nudum pactum] compare gratuitous promise at promise ...
penalty clause
penalty clause 1 : a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a statute or judgment that sets forth a penalty for a specific act or omission (as failure to make a support payment on time) ...
prescribe
prescribe pre·scribed pre·scrib·ing vi 1 : to claim title or a right to something (as an easement) by prescription [a precarious possessor cannot against the owner] 2 in the civil law of Louisiana : to become unenforceable or invalid by prescription [any party having an interest in a money judgment may have it revived before it s "Louisiana Civil Code"] vt 1 : to lay down as a rule or guide : specify with authority [the times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legislature thereof "U.S. Constitution art. I"] 2 in the civil law of Louisiana : to invalidate or bar the enforcement of by prescription [this claim for damages shall not be prescribed so long as the minor's right of action exists against his tutor "Louisiana Civil Code"] ...
prescription
prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...
promise
promise : a declaration or manifestation esp. in a contract of an intention to act or refrain from acting in a specified way that gives the party to whom it is made a right to expect its fulfillment aleatory promise : a promise (as to compensate an insured individual for future loss) whose fulfillment is dependent on a fortuitous or uncertain event collateral promise : a promise usually to pay the debt of another that is ancillary to an original promise, is not made for the benefit of the party making it, and must be in writing to be enforceable false promise : a promise that is made with no intention of carrying it out and esp. with intent to deceive or defraud gratuitous promise : a promise that is made without consideration and is usually unenforceable called also naked promise compare nudum pactum NOTE: A gratuitous promise may be enforceable under promissory estoppel. illusory promise : a purported promise that does not actually bind the party making it to a particular p...
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