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Unit 3A
Unit 3A - The Language of Contract (TOLES)
| Term | Definition |
|---|---|
| unconditional | absolute, without any doubts or suggestion of change |
| no good | an informal way of saying not suitable or not acceptable |
| parties | the people who have entered into a contract or the people involved in a dispute |
| precedent | 1. judgement or decision cited so as to justify a decision in a later, apparently similar case 2. precedent as applied to the hierarchy of courts (the so called 'vertical dimension of precedent' |
| court of first instance | court in which proceedings are initiated |
| common law | the part of English law that is derived from custom and judicial precedent rather than statutes. |
| ratio decidendi | the rule of law on which a judicial decision is based. the reason for a judicial decision. usually a statement of law applied to the problems of a particular case. |
| recorded | (written down) is any document affecting title to real property such as a deed, deed of trust, mortgage, reconveyance, release, declaration of homestead, easement, judgment, lien, request for notice of default, etc. |
| obiter dictum | it refers to a judge's comments or observations, in passing, on a matter arising in a case before him which does not require a decision. (something said by the way) |
| binding | to impose legal obligations or duties upon a person or party to an agreement. |
| distinguishable | where the court has been invited to follow a previous decision, but feels that there are important points of difference between that decision and the case on which it was based and the case it is considering as 'distiguishable' |
| a source of law | a place where law comes from, for example, a civil code |
| a body of laws | a collection of laws. All of them together. |
| a pronouncement | an old-fashioned word meaning a judge’s words at the end of a case giving his or her decision |
| a principle of law | an accepted idea that forms part of the law |
| a factor | something that is important to consider when making a decision |
| relevant | of significance or importance to a particular situation |
| The elements of English contract are: | Offer Acceptance Consideration Intention |
| offeror | the person who makes an offer |
| offeree | the person who receives an offer |
| third party | someone who is not one of the two main parties involved in a contract or a particular situation |
| jurisdiction | legal power over a geographical area or people |
| condition | something that you have to do in order for something else to happen |
| entire | complete or whole |
| disclose | tell |
| Act of Parliament | an Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch. Taken together, Acts of Parliament make up what is known as Statute Law in the UK. |
| acceptance | 1. a. of an offer to create a contract must be unqualified, and may be by words or conduct. it must generally be communicated to the offeror and must conform with the prescribed or indicated terms of the offer. |
| benefit | any profit or acquired right or privilege, primarily through a contract |
| binding | to impose legal obligations or duties upon a person or party to an agreement |
| breach | A breach may be a failure to perform a contract (breaking its terms), failure to do one's duty (breach of duty, or breach of trust) the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other. |
| capacity | the capability and power under law of a person to occupy a particular status or relationship with another or to engage in a particular undertaking or transaction by giving the organization legal capacity // the legal capacity to sue |
| case | 1. a legal action or trial 2. argument put forward in legal proceedings |
| claimant | the party who makes a claim. formerly known as 'plaintiff'. parties to applications are known also as 'applicant' and 'respondent' |
| condition | an uncertain future act or event whose occurrence or nonoccurrence determines the rights or obligations of a party under a legal instrument and esp. a contract. ; clause in the instrument describing the act or event and its effect. |
| consent | compliance with or deliberate approval of a course of action. it is not generally binding if obtained by coercion, fraud or undue influence. |
| consequential | injury or harm that does not ensue directly and immediately from the act of a party, but only from some of the results of such act, and that is compensable by a monetary award after a judgment has been rendered in a lawsuit. |
| consideration | that which is actually given or accepted in return for a promise. |
| contract | an agreement between private parties creating mutual obligations enforceable by law. |
| contract under seal | a contract expressed in a document to which the maker's seal was attached and which was delivered as 'his deed' |
| contrary | means that it is unlawful or is in violation of a legal regulation or a legal statute. |
| cover | a remedy available to a buyer who has received an anticipatory repudiation of a contract for the receipt of goods. |
| deed | 1. an act performed consciously 2. originally, a sealed contract or covenant 3. A deed is a legal document that grants its holder ownership of a piece of real estate or other assets |
| defective | in regards to a document that has not been properly drawn up, has been obtained by unlawful means, or does not comply with a particular law |
| defendant | is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case. |
| detriment | any loss or harm to a person or property; relinquishment of a legal right, benefit, or something of value |
| direct loss | direct loss is the natural result of the breach in the usual course of things |
| discharged | means to release, as from legal confinement in prison or the military service, or from some legal obligation such as jury duty, or the payment of debts by a person who is bankrupt |
| dispute | is a disagreement on a point of law or fact, a conflict of legal. views or of interests between two persons. |
| donation | the act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person, without any consideration; a gift. |
| duress | the act of using force, false imprisonment, coercion, threats, or psychological pressure to compel someone to act contrary to their wishes or interests. |
| duty | the responsibility to others to act according to the law |
| elected | something or someone who has won the elections |
| enforceable | means capable of being enforced. A right or obligation is enforceable if a party obligated to an act can be forced or ordered to comply with the legal process. |
| entire | whole, complete |
| factor | an event, circumstance, influence, or element that plays a part in bringing about a result. A factor in a case contributes to its causation or outcome. |
| forbid | forbid, prohibit, interdict, inhibit mean to debar one from doing something or to order that something not be done. forbid implies that the order is from one in authority and that obedience is expected. |
| general election | an election usually held at regular intervals in which candidates are elected in all or most constituencies of a nation or state |
| House of Commons | the lower house of the British and Canadian parliaments |
| House of Lords | in the constitutional law of the UK, one of the two chambers of Parliament, the other being the HOUSE OF COMMONS. It is composed of Lords Spiritual, being the Archbishops of Canterbury and York and other senior bishops. |
| injured party | in a court case or dispute about unfair treatment is the person who says they were unfairly treated |
| intention | mental desire and will to act in a particular way, including wishing not to participate |
| issue | 1. offspring 2. the matter in dispute 3. total amount of banknotes in circulation |
| jurisdiction | 1. power of a court to hear and decide on a case. 2. authority to legislate. 3. territorial limits within which legal authority may be exercised. |
| legislation | 1. a body of statements 2. the making of laws by a competent authority: Acts of Parliament; delegated legislation; autonomic legislation. |
| liability | 1. legal obligation or duty 2. amount owed |
| Member of Parliament (MP) | One elected by a constituency to sit in the House of Commons. Persons disqualified from membership of the Commons include, e.g., most peers, judges, mental patients, certain classes of prisoner. |
| monarchy | the institution of the Crown |
| obliged | to require or constrain, as by law, command, conscience, or force of necessity. to bind morally or legally, as by a promise or contract. to place under a debt of gratitude for some benefit, favor, or service: I'm much obliged for the ride. |
| offer | a promise to do or refrain from doing something in exchange for something else. An offer must be stated and delivered in a way that would lead a reasonable person to expect a binding contract to arise from its acceptance. |
| offeree | is the party who makes the offer. |
| offeror | is the person who either accepts or does not accept the offer. |
| parties | 1) A person, business, or other legal entity that files a lawsuit (the plaintiff or petitioner) or defends against one (the defendant or respondent). 2) A person or other legal entity that enters into an agreement. |
| party in breach | means the Party that is believed by the other Party to be in material breach of an agreement. |
| place | in local actions, the plaintiff must lay his venue in the county in which the action arose. It is a general rule, that the place of every traversable fact, stated in the pleading, must be distinctly alleged; |
| principle of law | a fundamental, well-settled Rule of Law |
| pronouncement | 1. a usually formal declaration of opinion. 2. an authoritative announcement. |
| propose | the act of making a suggestion, declaration, proposition or plan to another party |
| reciprocal | in law, a 'reciprocal obligation', also known as a reciprocal agreement is a duty owed by one individual to another and vice versa. it is a type of agreement that bears upon or binds two parties in an equal manner. |
| relevant | or relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. |
| restriction | any limitation on activity, by statute, regulation or contract provision |
| revoke | annulment or cancellation of a statement, document, or offer not yet accepted, or cancellation of a contract by the parties to it. |
| senior court | supreme court |
| statute | an Act of Parliament |
| sue | to bring a lawsuit against someone or something to use a legal process by which you try to get a court of law to force a person, company, or organization that has treated you unfairly or hurt you in some way to give you something or to do something |
| term | 1. a part of the year in which business could be transacted in the court. 2. to 'keep term' is to dine in an Inn of Court in a specified number of formal occasions, as part of the qualification for call to the Bar. 3. a fixed period of time |
| terms | means Terms of a Contract, the conditions and warranties agreed upon between parties to the contract |
| unconditionally | that which is without condition; that which must be performed without regard to what has happened or may happen. |
| voluntarily | willingly; done with one's consent; negligently |
| void | means of no legal effect an action, document, or transaction which is void is of no legal effect whatsoever an absolute nullity—the law treats it as if it had never existed or happened. |
| valid | binding; possessing legal force or strength; legally sufficient a valid contract, for example, is one that has been executed in compliance with all the requisite legal formalities and is binding upon, and enforceable by, the individuals who executed it. |
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