gradual method. An intestate-inheritance scheme that gives priority to relatives who are nearest in degree of consanguinity. • This method dates back to the English Statute of Distributions (1670). Cf. PARENTELIC METHOD; UNIVERSAL INHERITANCE RULE.
grantback, n. A license-agreement provision requiring the licensee to assign or license back to the licensor any improvements that the licensee might make to a patent or other proprietary right. [Cases: Patents 213. C.J.S. Patents § 351.]
referral sales contract. A dual agreement consisting of an agreement by the consumer to purchase goods or services (usu. at an inflated price) and an agreement by the seller to compensate the consumer for each customer (or potential customer) referred to the seller. — Also termed referral sales agreement. Cf. PYRAMID SCHEME. [Cases: Consumer Protection
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bargain, n. An agreement between parties for the exchange of promises or performances. • A bargain is not necessarily a contract because the consideration may be insufficient or the transaction may be illegal. See BARGAIN SALE; informal contract under CONTRACT. [Cases: Contracts 1. C.J.S. Contracts §§ 2–3, 9, 12.] — bargain, vb. “A bargain is
adstipulator (ad-stip-y[schwa]-lay-t[schwa]r), n. [Latin] Roman law. An additional party to a contract who could enforce the contract along with the principal (i.e., the stipulator). • An adstipulator who enforced an agreement would have to, in turn, pay the stipulator. An adstipulator was brought in to avoid the rule that a person could not directly stipulate
operative construction. 1. The interpretation of a writing or agreement, esp. a contract, statute, or regulation, that is being relied on by the parties, a court, or an administrative agency. 2. Patents. A working embodiment of an invention, usu. used to conceptualize the invention and how it will work rather than to create a working
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An agreement that real property will be used in a certain way. • An affirmative covenant is more than a restriction on the use of property. It requires the owner to undertake certain acts on the property. For a more general definition of this term, see affirmative covenant under COVENANT(1).
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writ of perambulation. Hist. A common-law writ issued by agreement of both parties when they are in doubt about the bounds of their respective properties, directing the sheriff to walk the jury around the property to set the boundaries with certainty. See PERAMBULATION.
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employer. A person who controls and directs a worker under an express or implied contract of hire and who pays the worker’s salary or wages. Cf. PRINCIPAL(1). [Cases: Master and Servant 1. C.J.S. Apprentices §§ 2, 11; Employer–Employee Relationship §§ 2–3, 6–12.] equal-opportunity employer. An employer who agrees not to discriminate against any job applicant
An agreement to indemnify against losses arising from the transport of goods on domestic waters (i.e., rivers, canals, and lakes). Cf. ocean marine insurance.
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