The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. • Under the Uniform Probate Code, a will that is otherwise void […]
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Contracts. A mistake that does not relate to the nature of the contents of an agreement, but only to some external circumstance, so that the mistake has no effect on the validity of the agreement. — Also termed inessential mistake; nonessential mistake; collateral mistake. [Cases: Contracts 93. C.J.S. Contracts §§ 136, 147–148.]
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puberty. 1. The stage of physical development when a person takes on secondary sexual characteristics and it usu. becomes possible to reproduce. • In females, the beginning of this stage is marked by the menarche. 2. Hist. The earliest age at which one could presumptively consent and to legally enter into a binding marriage. •
affirmance, n. 1. A ratification, reacceptance, or confirmation. “A party who has the power of avoidance may lose it by action that manifests a willingness to go on with the contract. Such action is known as ‘affirmance’ and has the effect of ratifying the contract. See Restatement of Restitution § 68. The rule stated in
authorization clause. Patents. A Patent Act provision directing that if a person uses or manufactures something protected by a valid U.S. patent, acts on behalf of the U.S. government, and acts with the government’s authori-zation or consent, the U.S., not the person, is deemed the infringing user or manufacturer. • If an infringing act is
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restitutio in integrum (res-t[schwa]-t[y]oo-shee-oh in in-t[schwa]-gr[ schwa]m). [Latin] Roman & civil law. Restoration to the previous condition or the status quo. • In Roman law, a praetor could accomplish this by annulling a contract or transaction that was strictly legally valid but inequitable and by restoring the parties to their previous legal relationship. The phrase
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voidable, adj. Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. • This term describes a valid act that may be voided rather than an invalid act that may be ratified. — Also termed avoidable. [Cases: Contracts 98, 136. C.J.S. Contracts §§ 137,
sealed instrument. At common law and under some statutes, an instrument to which the bound party has affixed a personal seal, usu. recognized as providing indisputable evidence of the validity of the underlying obligations. • The common-law distinction between sealed and unsealed instruments has been abolished by many states, and the UCC provides that the
FACE.abbr. FREEDOM OF ACCESS TO CLINIC ENTRANCES ACT. face, n. 1. The surface of anything, esp. the front, upper, or outer part (the face of a clock). 2. By extension, the apparent or explicit part of a writing or record (the fraud must appear on the face of the record). 3. The inscribed side of
revival, n. 1. Restoration to current use or operation; esp., the act of restoring the validity or legal force of an expired contract or dormant judgment. — Also termed (for a dormant judgment) revival of judgment. Cf. RENEWAL(2). [Cases: Federal Civil Procedure 2399; Judgment 857–872. C.J.S. Judgments §§ 640–655.] 2. Wills & estates. The reestablishment