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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.]

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secret trust

An instrument, usu. a will, that appears to give an absolute gift to another although the donee has orally agreed with the grantor that he or she is to use the property for the benefit of some third party. • Courts admit evidence of the promise to prevent unjust enrichment and enforce it by imposing

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commodatum

commodatum (kom-[schwa]-day-t[schwa]m), n. [Latin commodare “to lend”] Roman & civil law. The gratuitous lending of goods to be used by the borrower and then returned undamaged to the lender. • This ar-rangement is for the sole benefit of the borrower. It is one of three types of contracts for permissive use, the other two being

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