meditatio fugae (med-i-tay-shee-oh fyoo-jee). [Latin] Scots law. The intention of absconding. “When a creditor is in circumstances to make oath or affirmation that his debtor, whether native or foreigner, is in meditatione fugae, in order to avoid the payment of his debt, or where he has reasonable ground for apprehending that the debtor has such […]
statement of fact. A form of conduct that asserts or implies the existence or nonexistence of a fact. • The term includes not just a particular statement that a particular fact exists or has existed, but also an assertion that, although perhaps expressed as an opinion, implies the existence of some fact or facts that
公司名称 英语：business name 法语：raison sociale 德语：Gesellschaftsname, Firma, Firmenname 意大利语：denominazione della società, ditta 西班牙语：razón social, nombre comercial
offset, n. Something (such as an amount or claim) that balances or compensates for something else; SETOFF. “Both setoff and recoupment existed at common law, but their scope has been modified, expanded, and ultimately merged by subsequent statutory and decisional law. The final equitable concept of ‘offset’ recognizes that the debtor may satisfy a creditor’s
nul tiel corporation, n. [Law French “no such corporation exists”] A plea denying the existence of an alleged corporation. • The defense of nul tiel corporation must usu. be affirmatively pleaded by a defendant before a plaintiff is required to prove its corporate existence. [Cases: Corporations 514.]
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cost justification. Under the Robinson–Patman Act, an affirmative defense against a charge of price discrimination dependent on the seller’s showing that it incurs lower costs in serving those customers who are paying less. 15 USCA § 13(a).
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election of remedies. 1. A claimant’s act of choosing between two or more concurrent but inconsistent remedies based on a single set of facts. [Cases: Election of Remedies 1. C.J.S. Election of Remedies §§ 2–3.] 2. The affirmative defense barring a litigant from pursuing a remedy inconsistent with another remedy already pursued, when that other
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arbitration and award. An affirmative defense asserting that the subject matter of the action has already been settled in arbitration.
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An oath that binds the party to observe a specified course of conduct in the future. • Both the oath of office and the oath of allegiance are types of promissory oaths. [Cases: Oath 1. C.J.S. Oaths and Affirmations §§ 1–2, 8–11.]
discharge hearing. Bankruptcy. A hearing at which the court informs the debtor either that a discharge has been granted or the reasons why a discharge has not been granted. See REAFFIRMATION HEARING. [Cases: Bankruptcy 3318. 1.]