express acceptance
express acceptance 明示承兑 指以书面或口头形式明确表示付款人(通常为银行)已看到了汇票并对其有效性无争议。书面的明示承兑通常是以在票据上盖承兑〔accepted或presented〕章或写明承兑字样为之；而在出票人或持票人已放弃要求书面承兑之权时，付款人可以采用口头的明示承兑，但必须直接向出票人或持票人为之。
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Search Results for: express acceptance
express acceptance
A written or oral expression indicating that the drawee has seen the instrument and does not dispute its sufficiency. • While a written acceptance is typically signified by the stamped or written word “ac-cepted” or “presented,” usu. on the instrument itself, an oral acceptance must be made directly to a drawer or holder who has
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tacit acceptance
tacit acceptance. Civil law. 1. An acceptance of an offer indicated by circumstances or operation of law rather than express words. La. Civ. Code art. 1927. 2. An acceptance of an inheritance, indicated by the heir’s doing some act that shows an intent to accept it and that the heir would have no right to
special acceptance
An acceptance that departs from either the terms of a bill or the terms added to but not otherwise expressed in a bill. • An example is an acceptance of a draft as payable in a particular place even though the draft contains no such limitation. [Cases: Bills and Notes 83. C.J.S. Bills and Notes;
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point and click agreement
point-and-click agreement. An electronic version of a shrink-wrap license in which a computer user agrees to the terms of an electronically displayed agreement by pointing the cursor to a particular location on the screen and then clicking. • Point-and-click agreements usu. require express acceptance only once but may include a clause providing for a user’s
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battle of the forms
battle of the forms. The conflict between the terms of standard forms exchanged between a buyer and a seller during contract negotiations. • In its original version, UCC § 2-207 attempted to resolve battles of the forms by abandoning the common-law requirement of mirror-image acceptance and providing that a definite expression of acceptance may create
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assent
assent, n. Agreement, approval, or permission; esp., verbal or nonverbal conduct reasonably interpreted as wil-lingness. See CONSENT. — assent, vb. “The requirement of ‘assent,’ which is fundamental to the formation of a binding contract, implies in a general way that both parties to an exchange shall have a reasonably clear conception of what they are
battle of the forms
The conflict between the terms of standard forms exchanged between a buyer and a seller during contract negotiations. • In its original version, UCC § 2-207 attempted to resolve battles of the forms by abandoning the common-law requirement of mirror-image acceptance and providing that a definite expression of acceptance may create a contract for the
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use based license
An open-source software license to which the user assents by acting according to the license’s terms, namely, by using, modifying, or distributing the licensed software. • Unlike a point-and-click agreement, a use-based license does not require the user to expressly declare acceptance of the license terms before using the software.
marketplace of ideas
marketplace of ideas. A forum in which expressions of opinion can freely compete for acceptance without governmental restraint. • Although Justice Oliver Wendell Holmes was the first jurist to discuss the concept as a metaphor for explaining freedom of speech, the phrase marketplace of ideas dates in American caselaw only from 1954.
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