A person who, though not a party to a contract, stands to benefit from the contract’s performance. • For example, if Ann and Bob agree to a contract under which Bob will render some performance to Chris, then Chris is a third-party beneficiary. [Cases: Contracts 187(1). C.J.S. Contracts § 602.]
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dueling, n. The common-law offense of fighting at an appointed time and place after an earlier disagreement. • If one of the participants is killed, the other is guilty of murder, and all who are present, abetting the crime, are guilty as principals in the second degree. [Cases: Criminal Law 45.30. C.J.S. Dueling §§ 2–3.]
An agreement to indemnify against injury to a ship, cargo, or profits involved in a certain voyage or for a specific vessel during a fixed period, or to protect other marine interests. [Cases: Insurance 2214–2256. C.J.S. Insurance §§ 394, 400–409, 434, 996–1014, 1195–1229.]
introductory clause. The first paragraph of a contract, which typically begins with words such as “This Agreement is made on [date] between [parties’ names].” — Also termed commencement; exordium.
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Arbitration by the agreement of the parties.
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A debt whose amount has been determined by agreement of the parties or by operation of law.
American Federation of Musicians. A labor union composed of musicians, orchestra leaders, contractors, co-pyists, orchestrators, composers, and arrangers. • In the recording industry, artists hired by record companies that have agreements with the union must be paid according to the union’s set scale. — Abbr. AF of M.
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Uruguay Round. The 1994 negotiations of the General Agreement on Tariffs and Trade. • The negotiations resulted in the TRIPs Agreement that established the World Trade Organization and made member nations’ patent laws more uniform. See TRIPS.
A single conspiracy in which each person is responsible for a distinct act within the overall plan, such as an agreement to produce, import, and distribute narcotics in which each person performs only one function. • All participants are interested in the overall scheme and liable for all other participants’ acts in furtherance of that
lis mota 〈拉〉已开始且之后成为某一诉讼基础的争议；正在进行的诉讼；将会提起的诉讼 该词的使用主要和某种陈述相关，而该陈述可作为传闻规则的例外被作为证据采纳，如某一家庭成员制作的家族谱系〔pedigree〕在其死后可作为相关事实的证据使用，除非能证明该家族谱系是在争议或诉讼开始后制作的，才不可采纳。该词也用于与谈话守密特权〔privileged communication〕相关的问题。