purpart
purpart (p[schwa]r-pahrt). A share of an estate formerly held in common; a part in a division; an allotment from an estate to a coparcener. — Formerly also termed purparty; perparts; pourparty.
Search Results for: TERM OF ART
state of the art
Products liability. The level of pertinent scientific and technical knowledge existing at the time of a product’s manufacture, and the best technology reasonably available at the time the product was sold. — Also termed state of art. [Cases: Products Liability 11. C.J.S. Products Liability §§ 19–21.] — state-of-the-art,adj.
wharton’s rule
Wharton’s rule ([h]wor-t[schwa]n).Criminal law. The doctrine that an agreement by two or more persons to commit a particular crime cannot be prosecuted as a conspiracy if the crime could not be committed except by the actual number of participants involved. • But if an additional person participates so as to enlarge the scope of the
relevant art
Patents. Art to which one can reasonably be expected to look for a solution to the problem that a patented device tries to solve. • The term includes not only knowledge about a problem in a particular industry, but also knowledge accumulated in scientific fields whose techniques have been commonly employed to solve similar problems.
particeps fraudis
particeps fraudis (pahr-t[schwa]-seps fraw-dis). [Latin “an accomplice in the fraud”] Roman law. One who participates in a fraud, esp. by helping to deceive a debtor’s creditors. — Also termed conscius fraudis.
account party
account party. The customer in a letter-of-credit transaction. — Also termed applicant.
determinate obligation
An obligation that has a specific thing as its object. • For example, an obligation to deliver the 1491 Venice edition of Vocabularium Iuris that once belonged to H.L.A. Hart can be discharged only by delivering the specified book. Cf. indeterminate obligation.
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implied term
A provision not expressly agreed to by the parties but instead read into the contract by a court as being implicit. • An implied term should not, in theory, contradict the contract’s express terms. [Cases: Contracts 168. C.J.S. Contracts §§ 346–347.]
silent partner
A partner who shares in the profits but who has no active voice in management of the firm and whose existence is often not publicly disclosed. — Also termed dormant partner. [Cases: Partnership 90. C.J.S. Partnership § 39.]
departure
departure, n. 1. A deviation or divergence from a standard rule, regulation, measurement, or course of conduct (an impermissible departure from sentencing guidelines). downward departure. In the federal sentencing guidelines, a court’s imposition of a sentence more lenient than the standard guidelines propose, as when the court concludes that a criminal’s history is less serious