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escalator clause

escalator clause. 1. A contractual provision that makes pricing flexible by increasing or decreasing the contract price according to changing market conditions, such as higher or lower taxes or operating costs. [Cases: Contracts 229, 231. C.J.S. Contracts §§ 378, 385, 387–391, 393–398.] 2. A provision in a divorce decree or divorce agreement providing for the

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nephew

nephew. 1. The son of a person’s brother or sister; sometimes understood to include the son of a person’s brother-in-law or sister-in-law. • This term is extended in some wills to include a grandnephew. Cf. NIECE. [Cases: Descent and Distribution 32. C.J.S. Descent and Distribution §§ 40–41.] half nephew. The son of one’s half brother

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ex turpi causa

ex turpi causa (eks t[schwa]r-pIkaw-z[schwa]). [Latin] From an immoral consideration. • This phrase, a shortened form of the maxim ex turpi causa non oritur actio (“from an immoral consideration an action does not arise”), expresses the principle that a party does not have a right to enforce performance of an agreement founded on a consideration

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admissible

admissible (ad-mis-[schwa]-b[schwa]l), adj. 1. Capable of being legally admitted; allowable; permissible (admissible evidence). 2. Worthy of gaining entry or being admitted (a person is admissible to the bar upon obtaining a law degree and passing the bar exam).

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rescind

rescind (ri-sind), vb. 1. To abrogate or cancel (a contract) unilaterally or by agreement. [Cases: Contracts 249. C.J.S. Contracts §§ 422, 424, 427–428, 456, 465–466, 484.] 2. To make void; to repeal or annul (rescind the legislation). 3. Parliamentary law. To void, repeal, or nullify a main motion adopted earlier. — Also termed annul; repeal.

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shop

shop, n. A business establishment or place of employment; a factory, office, or other place of business. agency shop. A shop in which a union acts as an agent for the employees, regardless of their union membership. • Nonunion members must pay union dues because it is presumed that any collective bargaining will benefit nonunion

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lex commissoria

lex commissoria (leks kom-i-sor-ee-a). [Latin “forfeiture clause” or “cancellation clause”] Roman law. 1. A term in a contract of sale allowing the seller to rescind the sale if the price was not paid by the agreed time. 2. A clause by which, in a pledge agreement, a debtor and creditor could agree that if the

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de excusationibus

de excusationibus (dee ek-skyoo-zay-shee-oh-ni-b[schwa]s). [Latin “of excuses”] Roman law. The first title of the 27th book of the Digest, containing a person’s legal excuses from serving as tutor or curator. • It is primarily drawn from the Greek work of Herennius Modestinus. See DIGEST(2).

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