onus
onus (oh-n[schwa]s). 1. A burden; a load. 2. A disagreeable responsibility; an obligation. 3. ONUS PROBANDI.
Search Results for: GREE
accomenda
accomenda (ak-[schwa]-men-d[schwa]). Hist. Maritime law. A contract between a cargo owner and a shipmaster whereby the parties agree to sell the cargo and divide the profits (after deducting the owner’s costs). • This contract actually consists of two agreements: a mandatum, by which the owner gives the shipmaster the power to dispose of the cargo,
apotheca
apotheca (ap-[schwa]-thee-k[schwa]), n. [fr. Greek apotheke “store”] Civil law. A repository, as for wine or books. Pl. apothecae.
life care contract
life-care contract. An agreement in which one party is assured of care and maintenance for life in exchange for transferring property to the other party. Cf. CORODY.
life care contract Read More »
implied covenant of good faith and fair dealing
An implied covenant to cooperate with the other party to an agreement so that both parties may obtain the full benefits of the agreement; an implied covenant to refrain from any act that would injure a contracting party’s right to receive the benefit of the contract. • Breach of this covenant is often termed bad
implied covenant of good faith and fair dealing Read More »
inherent condition
A condition that is an intrinsic part of an agreement; a condition that is not newly imposed but is already present in an agreement.
inherent condition Read More »
articles of partnership
articles of partnership 合伙协议 一种书面协议，签字各方依此成立合伙关系。合伙协议不同于合伙预约〔agreement for a partnership〕。合伙预约是为将来缔结合伙关系而签订的合同，这种合同适用合同法的一般规定。如果合伙预约因一定事由而终止，则合同当事人可以提起普通法诉讼以使损害得以补救，或者在某些特殊情况下适用衡平法以防止欺诈行为等造成损害后果的发生。而合伙协议签订后，合伙关系即正式成立。合伙协议应当包括合伙当事人各方的姓名、合伙关系开始的时间、合伙企业的性质以及所在地等内容。合伙关系存续的时间、合伙人利益和风险的分配与承担，以及账目结算、入伙与退伙、合伙事务的处理、争议的解决方式等事项也可以在合伙协议中规定。
articles of partnership Read More »
avoidance
avoidance, n. 1. The act of evading or escaping (avoidance of tax liability). See TAX AVOIDANCE. 2. The act of refraining from (something) (avoidance of an argument). 3. RESCISSION(1). 4. VOIDANCE; 5. ANNULMENT(1) (avoidance of the agreement). 6. CONFESSION AND AVOIDANCE (the defendant filed an avoidance in an attempt to avert liability). — avoid, vb.
nothus
nothus (noh-th[schwa]s), n. [Latin fr. Greek nothos “false”] Roman law. An illegitimate child; one of base birth. • If the child’s mother was a Roman citizen, the child was also a Roman citizen. — Also termed spurius.