culpa-in-contrahendo doctrine.[Law Latin “fault in contracting”] The principle that parties must act in good faith during preliminary contract negotiations; esp., the principle that a breach by the offeror after the offeree has begun performance of a unilateral contract and is stopped by the offeror before completion will give rise to liability in tort. [Cases: Contracts […]
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A crime that is fully completed by a single act, as arson or murder, rather than a series of acts. • The statute of limitations for an instantaneous crime begins to run with its completion. Cf. continuous crime.
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virtute cujus (v[schwa]r-t[y]oo-tee k[y]oo-j[schwa]s), adv. [Latin] Hist. By virtue whereof. • This phrase began the clause in a pleading that attempted to justify an entry onto land by alleging that it was by virtue of an order from one entitled that the entry took place.
basilica (b[schwa]-sil-i-k[schwa]). [Greek] Hist. 1. (cap.) A 60-book Greek summary of Justinian’s Corpus Juris Civilis, with comments (scholia). • The Basilica (“royal law”) was begun by the Byzantine emperor Basil I, and it served as a major source of the law of the Eastern Empire from the early 10th century until Constantinople’s fall in 1453.
modo et forma (moh-doh et for-m[schwa]). [Latin] In manner and form. • In common-law pleading, this phrase began the conclusion of a traverse. Its object was to put the burden on the party whose pleading was being traversed not only to prove the allegations of fact but also to establish as correct the manner and
three wicked sisters. Slang. The three doctrines — contributory negligence, the fellow-servant rule, and assumption of the risk — used by 19th-century courts to deny recovery to workers injured on the job. “These three common law defenses, contributory negligence, fellow servant rule, and assumption of the risk, became known as the ‘three wicked sisters,’ because
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An annuity that makes payments at the beginning of each pay period. Cf. ordinary annuity.
fee farm. Hist. A species of tenure in which land is held in perpetuity at a yearly rent (fee-farm rent), without fealty, homage, or other services than those in the feoffment. — Also termed feodi firma; firma feodi. See EMPHYTEUSIS. “Now to all appearance the term socage, a term not found in Normandy, has been
inchoate (in-koh-it), adj. Partially completed or imperfectly formed; just begun. Cf. CHOATE. — inchoateness, n. “The word ‘inchoate,’ not much used in ordinary discourse, means ‘just begun,’ ‘undeveloped.’ The common law has given birth to three general offences which are usually termed ‘inchoate’ or ‘preliminary’ crimes — attempt, conspiracy, and incitement. A principal feature of