abettor. A person who aids, encourages, or assists in the commission of a crime. — Also spelled abetter. — Also termed (archaically) abettator. See principal in the second degree under PRINCIPAL; [Cases: Criminal Law 59. C.J.S. Criminal Law §§ 127, 998.]
congé d’accorder (kawn-zhay da-kor-day). [Law French] Hist. Leave to accord. • Courts used this phrase in fictitious land-title lawsuits to grant the defendant permission to agree with the plaintiff’s allegations. See FINE(1).
custom, n. 1. A practice that by its common adoption and long, unvarying habit has come to have the force of law. See USAGE. [Cases: Customs and Usages 1. C.J.S. Customs and Usages § 1.] — customary, adj. conventional custom. A custom that operates only indirectly through the medium of agreements, so that it is
contract of affreightment ([schwa]-frayt-m[schwa]nt).Maritime law. An agreement for carriage of goods by water. • A contract of affreightment may employ a bill of lading, a charterparty, or both to ship the goods. — Abbr. COA. — Also termed contract of carriage. See CHARTERPARTY. [Cases: Shipping 104. C.J.S. Shipping §§ 247–250, 252–254.]
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sum certain. 1. Any amount that is fixed, settled, or exact. 2. Commercial law. In a negotiable instrument, a sum that is agreed on in the instrument or a sum that can be ascertained from the document. [Cases: Bills and Notes 157. C.J.S. Bills and Notes; Letters of Credit § 135.]
An agency arising during an emergency that necessitates the agent’s acting without authori-zation from the principal; the relation between a person who in exigent circumstances acts in the interest of another without being authorized to do so. • It is a quasi-contractual relation formed by the operation of legal rules and not by the agreement
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Marcus model. Labor law. A method for determining whether a union member’s state-law claim against the employer is preempted by federal law, by focusing on whether the state-law claim can be maintained independently of an interpretation of the collective-bargaining agreement. • In Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 108 S.Ct.
concessit solvere (k[schwa]n-ses-it sol-v[schwa]-ree). [Latin “he agreed to pay”] Hist. A form of debt action on a simple contract. • The plaintiff alleged that the defendant had granted and agreed to pay to the plaintiff the sum sued for, but had not done so. The defendant responded with a plea of nunquam indebitatus (“never indebted”).
In construction law, work not required under the contract; something done or furnished in addition to the contract’s requirements; work entirely outside and independent of the contract and not contemplated by it. • A contractor is usu. entitled to charge for extra work consisting of labor and materials not contemplated by or subsumed within the