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Dictionary of Law |
unconscionable :: legal definitionUnconscionable - adj. referring to a contract or bargain which is so unfair to a party that no reasonable or informed person would agree to it. In a suit for breach of contract, a court will not enforce an unconscionable contract (award damages or order specific performance) against the person unfairly treated, on the theory that he/she was misled, lacked information or signed under duress or misunderstanding. It is similar to an "adhesion contract," in which one party has taken advantage of a person dealing from weakness. See also: adhesion contract contract and Related Law Terms ↓ Related Law Termsadhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contractadmission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence corporation :: n. an organization formed with state governmental ... ation public corporation securities declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability incriminate :: v. to make a statement in which one admits that he ... d to information which would be so. indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - UUCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust |