This refers to a legacy that is extinguished by the testator by disposal of the property before his death. ![]() A petition maybe added to a writ and thus become an addendum.įrom the Latin meaning “to take away”. The ad damnum part of a petition will usually suggest an amount in dollars that the plaintiff asks the court to award.Īn addition to a written document. Latin: refers to the parts or sections of a petition that speaks to the damages that were suffered and claimed by the plaintiff. Insurance contracts often waive their obligations for damage caused by hurricanes, floods or earthquakes, calling them “acts of God”. Failure to act before a known deadline can create a contractual obligation.Ī bill which has passed through the various legislative steps required for it and which has become law.Īn event, usually a disaster, caused solely by the effect of nature or natural causes. Acquiescence can also occur by failure to take action in a timely fashion. For instance, if one reads a magazine at a magazine stand and tears out a page or coupon, one is obligated to pay for the magazine since that is an implied acceptance of the magazine. Implied recognition of the terms of a contract can be as binding as direct acceptance of that contract. Inaction can bind a person legally just as direct action can. To consent or agree without action or protest. A similar term is avulsion, but this refers more to a sudden transference rather than a gradual one. This can happen by erosion washing soil onto an area by flooding doing the same or by a permanent retreat of water from land. The addition to land by the gradual addition of soil. In this example, the accord would be the agreement that the employee leave and not pursue legal action against the employer, and the satisfaction would be the money paid to buy out the contract. The satisfaction is the consideration which makes the agreement operative.” An example of this would be to buy out the contract of an employee, rather than insisting the contract be fulfilled. The accord is the agreement by which the obligation is discharged. 616: “Accord and satisfaction is the purchase of a release from an obligation arising under contract or tort by means of any valuable consideration, not being the actual performance of the obligation itself. To quote from the case of British Russian Gazette & Trade Outlook Ltd. No contract can exist until it is accepted, but the contract begins at the moment of acceptance. It is one of three requisites to a valid contract under common law (the other two being an offer and consideration). In law, acceptance is an express or implied act that accepts the terms and obligations of a contract or agreement. “Aiding and abetting” is a crime in many countries.Ī Latin term meaning “from the beginning”.Ī clause in a contract that allows the terms of the contract to become fully due immediately if a payment is missed, or some other default in the debtor’s obligation occurs (such as the debtor becoming insolvent). To aid, encourage or incite another to do wrong. This term applies only to a person – a thing cannot be abducted. ![]() To carry a person away by force or fraud. The gift has been terminated or diminished before it could be given. If property has to be sold to pay off the deceased’s debts, it cannot then be gifted to the beneficiary. When an estate is settled, debts must be paid off before any willed property can be distributed. Estate law may use the term more specifically. ![]() A landlord might grant abatement in rent by reducing the amount owed. Commonly used to refer to a reduction of something owed by the person to whom it is owed.
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