delivered duty unpaid. A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) clear the goods for export, (2) bear the costs of carriage (apart from unloading charges and import duties), and (3) make the […]
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An agreement in which some, but not all, of the terms are integrated; any agreement other than a completely integrated agreement. [Cases: Evidence 397(2). C.J.S. Evidence §§ 1159–1160, 1278–1280.]
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emotional distress. A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION
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A contract that is fully operative in accordance with the parties’ intent. — Also termed valid agreement. [Cases: Contracts 1. C.J.S. Contracts §§ 2–3, 9, 12.]
all the timber and growth of timber 全部林木及其种植 在造林契据中对林木的说明，指定造林地点。 (→all the green, pine timber)
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See unconscionable agreement under AGREEMENT.
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law of the partnership. The rule that the parties’ agreement controls the features of a partnership.
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contingent fee. A fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court. • Contingent fees are usu. calculated as a percentage of the client’s net recovery (such as 25% of the recovery if the case is settled, and 33% if the case is won at
mandate, n. 1. An order from an appellate court directing a lower court to take a specified action. — Also termed (in BrE) order. See MANDAMUS. [Cases: Appeal and Error 1186.1; Federal Courts 949. 1. C.J.S. Appeal and Error § 968.] 2. A judicial command directed to an officer of the court to enforce a
stranding, n. Maritime law. A ship’s drifting, driving, or running aground on a strand. • The type of stranding that occurs determines the method of apportioning the liability for any resulting losses. [Cases: Salvage 9, 30. C.J.S. Salvage §§ 12, 81.] accidental stranding. Stranding as a result of natural forces, such as wind and waves.