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Dictionary of Law |
promise :: legal definitionPromise - 1) n. a firm agreement to perform an act, refrain from acting or make a payment or delivery. In contract law, if the parties exchange promises, each promise is "consideration" (a valuable item) for the other promise. Failure to fulfill a promise in a contract is a breach of the contract, for which the other party may sue for performance and/or damages. 2) v. to make a firm agreement to act, refrain from acting or make a payment or delivery. See also: consideration contract covenant and Related Law Terms ↓ Related Law Termsaddendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment 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 appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. bargain :: n. 1) a mutual agreement or contract between two p ... o: agreement consideration contract bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility community property :: n. property and profits received by a husband and ... and distribution separate property 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 covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages. endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment 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 implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury 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 limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership 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 omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner 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. performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed. reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. 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 substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor 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. unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). 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 - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |