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 […]
Inn of Court. 1. Any of four autonomous institutions, one or more of which English barristers must join to receive their training and of which they remain members for life: The Honourable Societies of Lincoln’s Inn, the Middle Temple, the Inner Temple, and Gray’s Inn. • These powerful bodies examine candidates for the Bar, “call”
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%.
essence test. Labor law. A test under which an arbitrator’s interpretation of a collective-bargaining agreement must be upheld if it derives in any rational way from the agreement, viewed in light of the agreement’s language, its context, and any other evidence of the parties’ intention. [Cases: Labor Relations 462. C.J.S. Labor Relations § 476.]
An agreement on unconscionable terms to purchase real property from — or loan money secured by real property to — a person who has an expectant or reversionary interest in the property.
negotiable, adj. 1. (Of a written instrument) capable of being transferred by delivery or indorsement when the transferee takes the instrument for value, in good faith, and without notice of conflicting title claims or defenses. [Cases: Bills and Notes 144. C.J.S. Bills and Notes; Letters of Credit§§ 127, 129–130, 143.] 2. (Of a deal, agreement,
jus provocationis (j[schwa]s prov-[schwa]-kay-shee-oh-nis). [Latin] Roman law. The right possessed by every Roman citizen to appeal to the people in their Comitia, or later the emperor, from the infliction of summary punishment by a magistrate (coercitio). • Modern Romanists disagree about the precise meaning of this term. — Also termed jus provocatio.
A promise for which the actual performance of the marriage is the consideration, as when a man agrees to transfer property to a woman if she will marry him. • A promise to marry, however, is not considered a promise in consideration of marriage. [Cases: Breach of Marriage Promise 5. C.J.S. Breach of Marriage Promise
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Unitization arranged by agreement of the owners of mineral interests.
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De Donis Conditionalibus (dee doh-nis k[schwa]n-dish-ee-[schwa]-nal-i-b[ schwa]s). An English statute, enacted in 1285, that gave rise to the ability to create a fee tail. — Often shortened to De Donis. — Sometimes written de donis conditionalibus. “[T]he statute de donis of 13 Edw. I…. was intended to check the judicial construction, that had, in a
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