freedom of contract. The doctrine that people have the right to bind themselves legally; a judicial concept that contracts are based on mutual agreement and free choice, and thus should not be hampered by external control such as governmental interference. • This is the principle that people are able to fashion their relations by private […]
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An agreement to indemnify against property damage or destruction. — Also termed property-damage insurance. [Cases: Insurance 1009. C.J.S. Insurance §§ 5, 7.]
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sursum redditio (s[schwa]r-s[schwa]m r[schwa]-dish-ee-oh). [Law Latin] Hist. In conveyancing, a surrender of an estate by mutual agreement.
truce. Int’l law. A suspension or temporary cessation of hostilities by agreement between belligerent powers. — Also termed armistice; ceasefire; suspension of arms. [Cases: War and National Emergency 33. C.J.S. War and National Defense § 50.] — trucial, adj. general truce. A truce that suspends hostilities in all places. partial truce. See special truce. special
brokerage contract. An agency agreement employing a broker to make contracts in the name of and on behalf of the principal and for which the broker receives a commission. [Cases: Brokers 7, 40. C.J.S. Brokers §§ 25, 27–32, 51, 117–120, 125, 143.]
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fine to covey (英格兰古法)转让妇女土地的共谋诉讼 普通法的一种串通诉讼或共谋诉讼〔collusive proceeding〕，已婚妇女与其夫在诉讼中合谋，通过虚构协议〔purported agreement〕的形式以使对她的土地的转让生效。
peer, n. 1. A person who is of equal status, rank, or character with another. “The commonalty, like the nobility, are divided into several degrees; and, as the lords, though different in rank, yet all of them are peers in respect of their nobility, so the commoners, though some are greatly superior to others, yet
An agreement to indemnify for loss sustained because of a mistake or oversight by the insured — though not for loss due to the insured’s intentional wrongdoing. • For example, lawyers often carry this insurance as part of their malpractice coverage to protect them in suits for damages resulting from inadvertent mistakes (such as missing
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reformation (ref-[schwa]r-may-sh[schwa]n), n. An equitable remedy by which a court will modify a written agreement to reflect the actual intent of the parties, usu. to correct fraud or mutual mistake in the writing, such as an incomplete property description in a deed. • In cases of mutual mistake, the actual intended agreement must usu. be
chattel paper 动产文据 即用以证明金钱给付义务以及在特定财产上的担保利益或对该财产进行租让的书面文件。在很多情况下，动产文据由一个票据和一个担保协议组成。当交易被一个这样的担保协议或租约以及一个或一系列票据所证明时，这些书面文件结合在一起就构成动产文据 。(→secured transaction; security agreement)