Contractus

Of the nature of or pertaining to a contract, as, contraetnal liability or contractual obligation, which see. A term used by writers on the Roman law to desigand recently much used in English and American law in connection with the more modern method of classifying contracts referred to in connection with Quasi-Contract. See Contract.

Lat. Contract; a contract ;, contracts.

— Contractus bonæ fidei. In Roman law. Co.ntracts of good faith. Those contracts which, when brought into litigation, were not determined by the rules of the strict law alone, but allowed the judge to examine into the bona fides of the transaction, and to hear equitable considerations agninst their enforcement. In this they were opposed to contracts stricti juris, against which equitable defenses could not be entertained.

— Contractus civiles. In Roman law. Civil contracts. Those contracts which were recognized as actionable by the strict civil law of Rome, or as being founded upon a particular statute, as distinguished from those which could not be enforced in the courts except by the aid of the prætor, who, through his equitable powers, gave an action upon them. The latter were called "contractus prœtorii." Contractus est quasi actns coutra actum. 2 Coke, 15. A contract is, as it were, act against act Contractus ex turpi causa, vel coutra bonos mores, nullus est. A contract founded on a base consideration, or against good morals, is null. Hob. 167. Contractus legem ex conventione accipiunt. Contracts receive legal sanction from the agreement Qf the parties. Dig. 16, 3, 1, 6.

Z. Contract; a contract; contracts. actus contra actnm: a contract is, as it were, tractus ex turpi cansa, vel contra bones contract founded on a base consideration, or null. V. Pacta quce, etc. Contractus legem cipiunt: contracts take their law from the

A drawing together: a meeting of minds; a contract. See Forum; Locus. ' Ex contractu. By virtu'j of a contract. Applied to a right or a duty founded upon a contract relation. Opposed, ex delicto: by force of a wrongful act, or tort. Whence actions ex contractu and ex delicto. See Action, 8; Delictum. The civil law refers the greater part of rights and duties to the head of obligations ex contractu and quasi ex contractu: express and implied contracts.'

I., Contrat, the of on the happening of some other event, happen, v. Use, Remainder. sort of attempt at entry, made by a party land as possible. It -worked as an actual right if made once every year and day. postponement, of an action. It was record; and, if made before declaration, a day given, to proceed; if after declaraleave to talk with the plaintiff, to plead; vicecomes non misit breve, the sheriff hath after verdict, by curia advisari vult, consult, where the point of law was novel or continuing: an allegation in declaration for plaintiff recovered damages for a succestrespasses, without bringing more than contrary to. Contra bonos mores: against formam doni: against the form of the Contra formam co Uationis (against an old writ which lay for the grantor of divine service, when they were wrongfu Uy formam feoffamenti (against the form of writ which lay for a tenant distrained for ancestor was, by the charter of feoffment, Contra formam statuti in hoc casu: against the form of the statute in such provided. Contra jus belli: against the law commune: against common right. Connon est disputandum: you cannot denies principles. Contra non valentem praescriptio: no prescription runs against Contra omnes gentes: against all the domini regis: against the peace of Contra proferentem: against the one fr. Contract. Aleatory contract: which either both sides two promises, one made ou each side, mutually coasideration for eaeh other; in contradistinction from a unilateral contract, where one party only makes a promise. Consensual contract: one complete by the mere agreement of the parties, as distinguished from a real contract, where some object is delivered by way of sale, pledge, or bailment. Executed contract: one which is completed at the time it is made, like a sale for cash, as distinct from executory contract, one where some further act remains to be done. The former conveys a chose in possession; the latter creates a chose in. action. Oral, Parol, or more properly Simple contract: one created by words or writing not under seal, as distinguished from Special contract, Covenant, or Specialty: a contract under seal, and requiring no consideration. Contract of beneficence: one by which only one of the parties is benefited, as a loan, deposit, or mandate. Contracts of record: those evidenced by matter of record, as judgments or recognizances. Contractus ex turpi causa, vel contra bonos mores, nu Uus est: a contract founded on a base consideration, or against good morals, is void. Contractus legem ex conventione accipiunt: contracts take their law from the agreement of the parties. Contractus est quasi actus contra actum: a contract is, as it were, act against act.

Lat. [from contrahere, q. v.] A contract. See Contract. Coatracta* ex Carpi caasa, rel coacra baaaa aiorea aalla* est. A contract founded on a base consideration, or against good morals is null. Mob. 167. This is the same in substance with the maxim of the civil law: Pacta ^aM tarpem caasam coatineat aoa mmut obser Taada. Agreements upon a base consideration are not to be kept, or enforced. Dig. 2. 14. 27. 4. Coatractas legeat ejc coaveatioae aeel* piaat. Contracts take their law from the agreement of the parties. Dig. 16. 3. 1. 6