aider by verdict. The cure of a pleading defect by a trial verdict, based on the presumption that the record contains adequate proof of the necessary facts even if those facts were not specifically alleged. — Also termed cure by verdict. [Cases: Indictment and Information 200–203; Pleading 432–437. C.J.S. Indictments and Informations §§ 252–256; Pleading […]
closing. The final meeting between the parties to a transaction, at which the transaction is consummated; esp., in real estate, the final transaction between the buyer and seller, whereby the conveyancing documents are concluded and the money and property transferred. — Also termed settlement.
days in bank. Particular days set aside by the Court of Common Pleas for specific matters, including the appearance of parties and service of process. — Also termed dies in banco. “There are in each of these terms stated days called days in bank, dies in banco; that is, days of appearance in the court
An insurance policy that remains effective without renewal until one of the parties terminates it according to its terms. — Also termed continuous policy.
Any natural or artificial body or stream of water within the territorial limits of a country, such as a bay, gulf, river mouth, creek, harbor, port, lake, or canal. — Also termed inland waters.
performance bond. 1. A bond given by a surety to ensure the timely performance of a contract. • In major international agreements, performance bonds are typically issued by banks, but sometimes also by insurance companies. The face amount of the bond is typically 2% of the value of performance, but occasionally as much as 5%.
venire facias (v[schwa]-nI-ree [or -neer-ee or -nIror -neer] fay-shee-[ schwa]s). A writ directing a sheriff to assemble a jury. — Often shortened to venire. — Also termed venire facias juratores (juur-[schwa]-tor-eez). [Cases: Jury 67. C.J.S. Juries § 319.] venire facias ad respondendum (ad ree-spon-den-d[schwa]m). A writ requiring a sheriff to summon a person against whom
penalty clause. A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE . [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.] “It not infrequently
breach of the peace. The criminal offense of creating a public disturbance or engaging in disorderly conduct, particularly by making an unnecessary or distracting noise. — Also termed breach of peace; disturbing the peace; disturbance of the peace; public disturbance. See disorderly conduct under CONDUCT. [Cases: Breach of the Peace 1–14. C.J.S. Breach of the
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The total amount for which property is sold, often including the costs of any services that are a part of the sale. • Under sales-tax statutes, the amount is typically valued in money even if the value is not received in money. — Also termed selling price.