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Dictionary of Law |
oral contract :: legal definitionOral contract - n. an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: "An oral contract is as good as the paper it's written on." An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California's limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written. See also: agreement contract and Related Law Terms ↓ Related Law Termsacceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offeraddendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation bargain :: n. 1) a mutual agreement or contract between two p ... o: agreement consideration contract common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute 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 limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. 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 - OO.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizanceO.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something. obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note. obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant |