bound, adj. 1. Constrained by a contractual or other obligation (they are bound to make the payments by the first of each month). 2. (Of a court) constrained to follow a precedent (bound by a Supreme Court decision). bound, n. (usu. pl.) 1. BOUNDARY (metes and bounds). 2. A limitation or restriction on action (within […]
delict (di-likt), n. [Latin delictum “an offense”] Roman & civil law. A violation of the law; esp., a wrongful act or omission giving rise to a claim for compensation; TORT. — Also termed (in Roman law) delictum; (in French law) délit. [Cases: Torts 1. C.J.S. Torts §§ 2–7.] “A delict is a civil wrong. It
cancellation clause. A contractual provision allowing one or both parties to annul their obligations under certain conditions. — Also termed termination clause. [Cases: Contracts 217, 250. C.J.S. Contracts §§ 436–443, 446, 448–449, 462, 500–501.]
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fault. 1. An error or defect of judgment or of conduct; any deviation from prudence or duty resulting from inattention, incapacity, perversity, bad faith, or mismanagement. See NEGLIGENCE. Cf. LIABILITY. 2. Civil law. The intentional or negligent failure to maintain some standard of conduct when that failure results in harm to another person. contractual fault.
nonperformance. Failure to discharge an obligation (esp. a contractual one). Cf. PERFORMANCE; MISPERFORMANCE. [Cases: Contracts 315. C.J.S. Contracts § 561.]