Agreement by both parties to a contract, usu. in the form of offer and acceptance. • In modern contract law, mutual assent is determined by an objective standard — that is, by the apparent intention of the parties as manifested by their actions. Cf. MEETING OF THE MINDS. [Cases: Contracts 15. C.J.S. Con-tracts §§ 35–36, […]
employee. A person who works in the service of another person (the employer) under an express or implied contract of hire, under which the employer has the right to control the details of work performance. — Also spelled employe. Cf. AGENT(1); INDEPENDENT CONTRACTOR. [Cases: Master and Servant 1. C.J.S. Apprentices §§ 2, 11; Employer–Employee Relationship
immigration, n. The act of entering a country with the intention of settling there permanently. Cf. EMIGRATION. [Cases: Aliens 39–59. C.J.S. Aliens §§ 53–180, 182–275.] — immigrate, vb. — immigrant, n.
legislative intent. The design or plan that the legislature had at the time of enacting a statute. — Also termed intention of the legislature; intent of the legislature; congressional intent; parliamentary intent. [Cases: Statutes 181(1). C.J.S. Statutes § 315.] “The intention of the legislature is a common but very slippery phrase, which, popularly understood, may
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delivery of deed. The placing of a deed in the grantee’s hands or within the grantee’s control. • By this act, the grantor shows an intention that the deed operates immediately as a conveyance. A deed may also be held to be delivered when the grantor manifests the intention to complete the conveyance, regardless of
The intentional exercise of a choice between inconsistent alternatives that bars the person making the choice from the benefits of the one not selected.
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The common-law misdemeanor of intentionally destroying or damaging another’s property. • Although modern statutes predominantly make this offense a misdemeanor, a few make it a felony (depending on the nature of the property or its value). See Model Penal Code § 220.3. — Also termed malicious mischief and trespass; malicious injury; malicious trespass; malicious damage;
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first of exchange. Archaic. The first in a series of drafts (bills of exchange) drawn in duplicate or triplicate for safety in their delivery, the intention being that the acceptance and payment of any one of them, usu. the first to arrive, cancels the others in the set.
pretermitted-heir statute. A state law that, under certain circumstances, grants an omitted heir the right to inherit a share of the testator’s estate, usu. by treating the heir as though the testator had died intestate. • Most states have a pretermitted-heir statute, under which an omitted child or spouse receives the same share of the
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common design. 1. The intention by two or more people to join in committing an unlawful act. [Cases: Criminal Law 59(4). C.J.S. Criminal Law § 134.] 2. An intention to commit more than one crime. 3. The general design or layout of plots of land surrounding a particular tract. — Also termed common scheme; common