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Contractus

Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

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.