A warranty that does not fully cover labor and materials for repairs. • Under federal law, a limited warranty must be clearly labeled as such on the face of the warranty. See MAGNUSON–MOSS WARRANTY ACT. Cf. full warranty. [Cases: Sales 279. C.J.S. Sales §§ 249, 256, 258, 261, 283.]
vitium reale (vish-ee-[schwa]m ree-ay-lee). [Latin “true error”] Hist. & Scots law. A defect in a title that renders the movable property nontransferable; specif., an inherent vice in the title of anyone who holds a stolen thing, even if acquired honestly, so that the true owner can reclaim it. Cf. LABES REALIS QUAE REI INHAERET. “A
A discharge that is made in retaliation for the employee’s conduct (such as reporting unlawful activity by the employer to the government) and that clearly violates public policy. • Federal and state statutes may entitle an employee who is dismissed by retaliatory discharge to recover damages. [Cases: Civil Rights 1247, 1249(2); Master and Servant 30(6.5).
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specialty. 1. See contract under seal under CONTRACT. 2. DOCTRINE OF SPECIALTY. 3. Eminent domain. Unique property (such as a church or cemetery) that is essentially not marketable, so that its value for condemnation purposes is determined by measuring the property’s reproduction cost less any depreciation. — Also termed (in sense 3) specialty property. [Cases:
transmittal letter. A nonsubstantive letter that establishes a record of delivery, such as a letter to a court clerk advising that a particular pleading is enclosed for filing. • Lawyers have traditionally opened transmittal letters with the phrase “Enclosed please find,” even though that phrasing has been widely condemned in business-writing handbooks since the late
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A contractual provision dealing with a significant issue such as subject matter, price, payment, quantity, quality, duration, or the work to be done. [Cases: Contracts 9. C.J.S. Contracts § 42.]
A fact that is related to mental state, such as motive or knowledge.
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attempt to attempt. A first step made toward a criminal attempt of some sort, such as a failed effort to mail someone a note inciting that person to engage in criminal conduct. • As a general rule, courts do not recognize an attempt to commit a crime that is itself an attempt. But some jurisdictions
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peril of the sea. An action of the elements at sea of such force as to overcome the strength of a well-founded ship and the normal precautions of good marine practice. • A peril of the sea may relieve a carrier from liability for the resulting losses. — Also termed danger of navigation; danger of
reprise (ri-prIz), n. An annual deduction, duty, or payment out of a manor or estate, such as an annuity.