defect of parties
defect of parties. A failure to include all indispensable parties in a lawsuit. [Cases: Federal Civil Procedure 384; Parties 77, 81. C.J.S. Parties §§ 197, 205.]
Search Results for: DEFECT OF PARTIES
acceptance doctrine
acceptance doctrine. Construction law. The principle that, once an owner accepts the work of a contractor, the contractor is not liable to third parties for an injury arising from the contractor’s negligence in performing under the contract, unless the injury results from a hidden, imminently dangerous defect that the contractor knows about and the owner
acceptance doctrine Read More »
nominal party
A party to an action who has no control over it and no financial interest in its outcome; esp., a party who has some immaterial interest in the subject matter of a lawsuit and who will not be affected by any judgment, but who is nonetheless joined in the lawsuit to avoid procedural defects. •
privity of contract
The relationship between the parties to a contract, allowing them to sue each other but preventing a third party from doing so. • The requirement of privity has been relaxed under modern laws and doctrines of implied warranty and strict liability, which allow a third-party beneficiary or other foreseeable user to sue the seller of
privity of contract Read More »
repleader
repleader (ree-plee-d[schwa]r).Common-law pleading. A court order or judgment — issued on the motion of a party who suffered an adverse verdict — requiring the parties to file new pleadings because of some defect in the original pleadings. — Also termed judgment of repleader. [Cases: Pleading 286. C.J.S. Pleading § 477.]
impediment
impediment (im-ped-[schwa]-m[schwa]nt). A hindrance or obstruction; esp., some fact (such as legal minority) that bars a marriage if known beforehand and, if discovered after the ceremony, renders the marriage void or voidable. canonical impediment. A ground for annulment recognized by canon law and developed by the ecclesiastical courts of the Roman Catholic Church. • Canonical
civil impediment
A ground for annulment recognized by civil law of contracts, such as minority, unsoundness of mind, fraud, and duress. • The defects of fraud and duress may be waived, and the parties may confirm the marriage.
justae nuptiae
justae nuptiae (j[schwa]s-tee n[schwa]p-shee-ee). [Latin “legal marriage”] Roman law. A marriage between two persons who had the legal capacity to wed. • Justae nuptiae was the only union that created the familial relationship known as patria potestas. — Also termed justum matrimonium. See patria potestas under POTESTAS. Cf. CONCUBINATUS. “Iustae nuptiae is such a marriage
fault
fault. 1. An error or defect of judgment or of conduct; any deviation from prudence or duty resulting from inattention, incapacity, perversity, bad faith, or mismanagement. See NEGLIGENCE. Cf. LIABILITY. 2. Civil law. The intentional or negligent failure to maintain some standard of conduct when that failure results in harm to another person. contractual fault.